FSI Financial Group, Inc. v. Dumas (In Re Dumas)

OPINION

HUGHES, Bankruptcy Judge:

Appellants suffered summary judgment on their counterclaims. In this appeal, they question the order as to four of the five counts. We reverse.

I

Dumas, a Chapter 11 debtor, and a fellow doctor sued appellants in the state court. The action was removed by them to the bankruptcy court. Appellants filed an answer and a five-count counterclaim. The doctors moved for partial summary judgment, which was granted. The four counts subject to this appeal are:

1. Fraud

2. Breach of Contract

3. Fraud

4. Defamation

A

As to the breach of contract count, appellees stated in their…