Neely v. Firstplus Financial, Inc. (In re Neely)

FINDINGS OF FACT AND CONCLUSIONS OF LAW

JERRY A. FUNK, Bankruptcy Judge.

This Proceeding came before the Court for a Final Pretrial Conference on August 8, 2000. The Court also considered Jerry L. Neely’s and Victoria E. Neely’s (“Plaintiffs”) Objection to Firstplus Financial’s (“Defendant”) Claim # 2 (Doc. 80) and Defendant’s Motion for Relief from Stay as to Claim # 2 (Doc. 20) filed in the underlying Bankruptcy Case. In a Joint Pretrial Statement the parties stipulated to consolidation of all pending issues between the parties in the form of a mutual ore tenus Motion for Summary Judgment.…