Legal Opinion
Cummins v. Ray (In re Ray)
United States Bankruptcy Court, W.D. Kentucky
Decided September 3, 1999No. Bankruptcy No. 99-31519(3); Adversary No. 99-3098Published
1Opinion of the Court
MEMORANDUM
DAVID T. STOSBERG, Chief Judge.
This adversary proceeding is before the Court on the Defendant’s Motion for Summary Judgment and on the Plaintiffs Cross-Motion for Summary Judgment. In considering a motion for summary judgment, the question presented to the Court is whether there is “no genuine issue as to any material fact and whether the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56; Fed.R.BanKR.P. 7056. This Court cannot try issues of fact on a Rule 56 motion, but is authorized to determine whether there are issues to be tried. In re Atlas Concrete…
2Cases cited5 opinions
- Kelly v. RobinsonSupreme Court of the United States · 1986
- In Re Atlas Concrete Pipe, Inc., Bankrupt. Atlas Concrete Pipe, Inc. v. Roger J. Au & Son, Inc.Court of Appeals for the Sixth Circuit · 1982
- In Re Joseph A. Thompson, Debtor. Joseph A. Thompson v. Commonwealth of VirginiaCourt of Appeals for the Fourth Circuit · 1994
- In Re Barry Dale Hollis and Tammy Lanelle Hollis, Debtors. State of Tennessee v. Barry Dale HollisCourt of Appeals for the Sixth Circuit · 1987
- Carlisle County Fiscal Court v. Maxwell (In Re Maxwell)United States Bankruptcy Court, W.D. Kentucky · 1998