Legal Opinion
Dronsfield v. McGarrity (In Re Dronsfield)
United States Bankruptcy Court, M.D. Pennsylvania
Decided September 14, 2010No. Bankruptcy No. 1:97-bk-00903MDF. Adversary No. 1:09-ap-00435PublishedCited by 1 opinion
1Opinion of the Court
OPINION
MARY D. FRANCE, Chief Judge.
Before me are cross motions for summary judgment on the adversary complaint filed by Paul and Rosalyn Dronsfield (“Debtors”) against Thomas and Susan McGarrity (“McGarritys”) requesting a declaratory judgment that a lien held by the McGarritys prior to the filing of the Debtors’ Chapter 13 petition was avoided by the discharge granted in that case. For the reasons discussed below, I will grant summary judgment in favor of the McGarritys.
I. Procedural and Factual History
The McGarritys obtained a state court judgment in the amount of $40,000 against Debtors in…
2Cases cited18 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Hunt v. CromartieSupreme Court of the United States · 1999
- Pichler v. UNITECourt of Appeals for the Third Circuit · 2008
- Peters Township School District v. The Hartford Accident and Indemnity CompanyCourt of Appeals for the Third Circuit · 1987
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3Cited by1 opinion
- Davis v. Dunmore Properties, Inc. (In re Davis)United States Bankruptcy Court, M.D. Pennsylvania · 2013