Official Committee of Unsecured Creditors of Tousa, Inc. v. Citicorp North America, Inc. (In Re Tousa, Inc.)

CORRECTED 1 ORDER GRANTING THIRD-PARTY DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

John K. Olson, Bankruptcy Judge.

THIS MATTER came before the court for hearing on July 6, 2009, upon the Debtors-Third Party Defendants’ (“Third Party Defendants” or the “Debtors”) Motion for Summary Judgment [DE 358] on the Third Party Complaint brought by Defendants’ Citicorp North America, Inc. (“Citi”) and Wells Fargo Bank, N.A. (“Wells Fargo”, and collectively with Citi, the “Third Party Plaintiffs”). As a matter of law, I find that there are no material facts in dispute between the Third Party Plaintiffs and…