Ablan v. Weber (In Re Weber)

MEMORANDUM DECISION

ROBERT D. MARTIN, Chief Judge.

This is an adversary proceeding to determine the nondischargeability of a debt owed to the plaintiff, Michael C. Ablan (“Ablan”). The debtor-defendants have moved for summary judgment on the grounds that no material facts are in dispute and that they are entitled to judgment as a matter of law.

The essence of Ablan’s complaint is that Donald J. Weber (“Weber”) on behalf of a partnership, Weber Brothers, Inc. (“Weber Farms”), sold certain cows leased by Ablan to Weber Farms without either the knowledge or consent of Ablan and thereafter…