Bankr. No.:
96-40590
Adv. No.:
97-4016
Chapter:
13
Date of Decision:
July 21, 1998
Issue:
Whether Defendant was entitled to summary judgment where the subject property in question was not estate property but where Plaintiff-Debtor also wanted Defendant's claim valued?
Ruling:
Summary judgment motion was denied. Under F.R.Bankr.P. 3007, Plaintiff-Debtor could combine an adversary proceeding with a claim valuation proceeding. Although some matters in the adversary were resolved, Debtor's request for a valuation of Defendant's claim remained. To value Defendant's claim would take the resolution of two legal questions and the receipt of evidence. The Court directed the parties to file responses and briefs on the first legal issue.
Full Bankruptcy Court Decision:
