Luson International Distributors, Incorporated v. Joe Mitchell, and Elk-Bend Supply & MacHine Company, Incorporated

KANNE, Circuit Judge.

Luson International Distributors, Inc. brought this diversity action against Elk-Bend Supply & Machine Co. and Joe Mitchell, Elk-Bend’s president, in order to collect on a debt Elk-Bend owed for machinery it had purchased on consignment. Unfortunately for Luson, Elk-Bend filed for bankruptcy before Luson could collect the money it was due. With its action against Elk-Bend stayed by the bankruptcy filing, Luson continued to pursue its claim solely against Mitchell on the basis of his alleged oral promise guaranteeing the repayment of Elk-Bend’s debt to Luson. 1 At the…