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IN RE BACHINSKI

Bankrutpcy No. 07-50801. Adversary No. 07-2153.

393 B.R. 522 (2008)

In re Gary J. BACHINSKI and Lisa Bachinski, Debtors. Simmons Capital Advisors, Ltd., Plaintiff, v. Gary J. Bachinski and Lisa Bachinski, Defendants.

United States Bankruptcy Court, S.D. Ohio, Eastern Division, at Columbus.

July 31, 2008.

Attorney(s) appearing for the Case

Brandi L. Dorgan, Jerry L. Kaltenbach, Timothy E. Miller, Isaac, Brant, Ledman & Teetor, LLP, Christopher L. Lardiere, Columbus, OH, for Plaintiff.

Joseph C. Pickens, Chester, Willcox & Saxbe, LLP, Columbus, OH, for Defendants.

MEMORANDUM OPINION ON MOTIONS FOR SUMMARY JUDGMENT

JOHN E. HOFFMAN JR., Bankruptcy Judge.

I. Introduction

Approximately two and one-half years before they filed a joint Chapter 7 bankruptcy petition, Gary J. Bachinski and Lisa Bachinski ("Bachinskis," "Debtors" or "Defendants") formed a friendship and a business relationship with Robert Simmons ("Simmons"), the managing member of Simmons Capital Advisors, Ltd. ("Simmons Capital" or "Plaintiff...

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