Citibank (South Dakota), N.A. v. Garthe (In Re Garthe)

ORDER ON MOTION FOR SUMMARY JUDGMENT

ALEXANDER L. PASKAY, Chief Judge.

THIS IS a Chapter 7 case and the matter under consideration is a Motion for Summary Judgment filed by Citibank in the above-styled adversary proceeding. It is the contention of the Citibank that there are no genuine issues of material fact and that Citibank is entitled to a judgment as a matter of law. Citibank’s claim is based on the proposition that the sum of $6,267.58, admittedly due and owing by the Defendants, Thomas and Kathleen Garthe (Debtors), represents an obligation resulting from obtaining credit card privileges…