IN RE COLE

Bankruptcy No. 98-30426-7, Adversary No. 98-3070-7.

234 B.R. 417 (1999)

In re Jonathan Pickett COLE, Debtor. State of Wisconsin, Plaintiff, v. Jonathan Pickett Cole, Defendant.

United States Bankruptcy Court, W.D. Wisconsin.

April 23, 1999.


Attorney(s) appearing for the Case

Mr. Richard E. Braun, State of Wisconsin Dept. of Justice, Madison, WI, for plaintiff.

Mr. Jonathan P. Cole, Sturtevant, WI, for defendant.


MEMORANDUM DECISION

ROBERT D. MARTIN, Chief Judge.

The facts of this case were set out in a memorandum decision dated December 23, 1998. Following that decision, the State of Wisconsin filed a motion for summary judgment on January 7, 1999. The debtor's brief in response and the state's reply were received on time.

The evidentiary burden in a motion for summary judgment was succinctly summarized in In re Balay:

The movant has the...

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