IN RE McCOMBE

Bankruptcy No. 2-86-02928, Adv. No. 2-87-0063.

93 B.R. 597 (1988)

In re John S. McCOMBE, Shirley S. McCombe, Debtors. Thomas C. SCOTT, Trustee, Plaintiff, v. BANK ONE TRUST COMPANY, N.A. and John S. McCombe, Defendants.

United States Bankruptcy Court, S.D. Ohio, E.D.

December 1, 1988.


Attorney(s) appearing for the Case

Daniel R. Swetnam, Schwartz, Kelm, Warren & Rubenstein, Columbus, Ohio, for Bank One Trust Co., N.A.

Thomas C. Scott, Thompson, Hine & Flory, Columbus, Ohio, Bankruptcy Trustee.

David M. Whittaker, Luper, Wolinetz, Sheriff & Neidenthal, Columbus, Ohio, for debtors.


OPINION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

BARBARA J. SELLERS, Bankruptcy Judge.

This matter is before the Court upon cross motions for summary judgment and responses and replies thereto filed by defendant, Bank One Trust Company, N.A. ("Bank One") and by plaintiff Thomas C. Scott, the trustee in bankruptcy for the estate of John McCombe ("Bankruptcy Trustee"). McCombe has supported Bank One's motion by a memorandum in opposition to the summary...

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