Citizens Savings Bank v. Covey (In Re Pak Builders)

OPINION

WILLIAM V. ALTENBERGER, Bankruptcy Judge.

This matter is before the Court on two separate but related adversary proceedings consisting of cross motions for summary judgment seeking to determine the validity, extent, and priority of mortgages between the Debtor, Pak Builders, an lili nois General Partnership (“PAK” or “DEBTOR”), comprised of partners David Pugsley (“PUGSLEY”) and Martin Kracher (“KRACHER”), and the Defendant, Citizens Savings .Bank (“BANK”). Because both adversary proceedings spring from the same facts and request the same relief, this opinion will address both…