Minnesota Trust Co. of Austin v. Yanke (In Re Yanke)

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

GREGORY F. KISHEL, Bankruptcy Judge.

This adversary proceeding came on before the Court on May 26, 1998, for hearing on the parties’ cross-motions for summary judgment. The Plaintiff appeared by its attorney, Paul R. Spyhalski. The Defendant appeared by his attorney, Michael S. Dietz. Upon the parties’ motions, the supporting affidavits and exhibits,, and counsel’s memoranda and argument, the Court grants the Plaintiffs motion and denies the Defendant’s motion.

INTRODUCTION

In this adversary…