Legal Opinion
Travelers Casualty & Surety Co. v. Desselle (In Re Fries)
United States Bankruptcy Court, D. Kansas
Decided October 9, 2007No. 19-10079PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
ROBERT D. BERGER, Bankruptcy Judge.
This declaratory judgment action is before the Court on Plaintiffs motion for summary judgment 1 and Defendants H. Kent Desselle’s and Check Electric Construction Company, Inc.’s motion to dismiss. 2 The Court has jurisdiction under 28 U.S.C. §§ 157 and 1334 over issues regarding Debtors’ Chapter 13 plan obligation to assign a lawsuit to Plaintiff Travelers Casualty & Surety Company (“Travelers”) free and clear of liens. The motion for summary judgment is granted. The motion to dismiss is denied, in part. This opinion constitutes…
2Cases cited17 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Burger King Corp. v. RudzewiczSupreme Court of the United States · 1985
- Adler v. Wal-Mart Stores, Inc.Court of Appeals for the Tenth Circuit · 1998
- Amsouth Bank (03-5517) First Tennessee Bank (03-5521) v. George DaleCourt of Appeals for the First Circuit · 2004
- Peay v. BellSouth Medical Assistance PlanCourt of Appeals for the Tenth Circuit · 2000
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3Cited by2 opinions
- In re CorreraUnited States Bankruptcy Court, N.D. Texas · 2018
- In Re SmithUnited States Bankruptcy Court, E.D. Virginia · 2008