K & D Energy v. KY USA Energy, Inc. (In Re KY USA Energy, Inc.)

MEMORANDUM-OPINION

JOAN A. LLOYD, Bankruptcy Judge.

This matter is before the Court on the Motion for Partial Summary Judgment of Defendant/Debtor KY USA Energy, Inc. (“Debtor”) on Counts III and IV of the Complaint of Plaintiffs K & D Energy, et al. (“Plaintiffs”). The Court considered the Debtor’s Motion and Supporting Memorandum of Law, the Response in Opposition to Debtor’s Motion for Partial Summary Judgment and the comments of counsel for the parties at the hearing held on the matter. For the following reasons, the Court will GRANT the Debtor’s Motion for Partial Summary Judgment on…