MEMORANDUM OPINION AND ODER ALLOWING PLAINTIFF'S MOTION FOR SUMMARY JUDMENT AND DENYING DEFEDANT'S MOTION FOR SUMMARY JUDGMENT
A. THOMAS SMALL, Bankruptcy Judge.
A hearing to consider the cross-motions for summary judgment filed by plaintiff Cheryl Fowler, by and through her guardians, Shirley and Gary Rudisill, and the chapter 7 debtor and defendant Adam L. Fowler, was held in Raleigh, North Carolina on June 23, 2004. The plaintiff seeks summary judgment...
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