Legal Opinion

Kasbee v. Huntington National Bank (In re Kasbee)

United States Bankruptcy Court, W.D. Pennsylvania

Decided July 30, 2010No. Bankruptcy No. 09-11575-TPA; Adversary No. 09-1137-TPAPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

THOMAS P. AGRESTI, Chief Judge.

Currently before the Court is a Motion for Summary Judgment (“Summary Judgment Motion”) filed at Adv. No. 09-1137, Document No. 10, by the Debtors, Brian K. Kasbee and Melanie K. Kasbee, (“Debtors”) in reference to their pending Complaint for Determination of Secured Status (“Complaint”).1 Defendant, Huntington National Bank (“Huntington”) opposes entry of the summary judgment. For the reasons that follow, the Court will deny the Summary Judgment Motion.

PROCEDURAL AND FACTUAL BACKGROUND

The material facts underlying the Summary Judgment Motion…

2Cases cited22 opinions

Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
Armbruster v. Unisys Corp.Court of Appeals for the Third Circuit · 1994
Ryan Operations G.P., a Virginia General Partnership and Nvr, L.P., a Virginia Limited Partnership, on Behalf of Its Division, Nvr Building Products Co. v. Santiam-Midwest Lumber Co., an Oregon Corporation Furman Lumber, Inc., a Massachusetts Corporation Bright Wood Corp., an Oregon Corporation. Bright Wood Corp., Third Party v. Forrest Paint Co., Inc., an Oregon Corporation Guardsman Products, Inc., a Delaware Corporation, Third Party Ryan Operations G.P. And Nvr, L.P. And Its Division, Nvr Building Products Co.Court of Appeals for the Third Circuit · 1996
Montrose Medical Group Participating Savings Plan Montrose General Hospital, Inc. v. Richard A. Bulger Walter Garvey Mutual Life Insurance Company of New York v. Mutual Life Insurance Company of New York Richard A. Bulger, Third-Party v. Eudora Bennett Montrose Medical Arts Pharmacy, Inc. Medical Arts Nursing Center, Inc. Medical Arts Clinic, Third-PartyCourt of Appeals for the Third Circuit · 2001
The Medical Protective Company v. William WatkinsCourt of Appeals for the Third Circuit · 1999

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3Cited by2 opinions

Ginnine Fried v. JP Morgan Chase & CoCourt of Appeals for the Third Circuit · 2017
Mon View Mining Co. v. Pennsylvania Department of Revenue (In re Mon View Mining Co.)United States Bankruptcy Court, W.D. Pennsylvania · 2012