Rule 7056 - Summary Judgment

1 Analyses of this statute by attorneys

  1. Bankruptcy Beat: Bankruptcy Court Finds Debt To Third Party To Be A Non-Dischargable Debt Incurred In Connection With a Divorce

    Pullman & Comley, LLCElizabeth J. AustinJune 29, 2015

    The Court found that although the matter presently before the Court was triggered by the filing of a Motion to Dismiss by the Debtor seeking dismissal of the Complaint, because the Debtor argued that the Plaintiff had no liability for the debt at issue and as a consequence, matters outside of the pleadings were presented by the parties and not excluded by the Court, that the Motion to Dismiss should be treated as one for summary judgment under Fed. R. Civ. P. 56. Federal Rule of Civil Procedure 56(a), made applicable through these proceedings by Fed. R. of Bankr. P. 7056, directs that: [t]he court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. In applying the summary judgment standards, the Court found that a critical issue in the dispute is the yet undetermined liability of the Plaintiff to Mrs. Crotty in connection with the remaining balance on the Loans.