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IN RE KILMARTIN

Bankruptcy No. 13-50070. Adversary No. 13-05005.

508 B.R. 35 (2014)

In re Joseph J. KILMARTIN, Debtor. Kyle Bowe, Plaintiff v. Joseph J. Kilmartin, Defendant.

United States Bankruptcy Court, W.D. Kentucky, Louisville Division.

Signed March 27, 2014.

Attorney(s) appearing for the Case

Mark C. Whitlow , Whitlow, Roberts, Houston & Straub, PLLC, Paducah, KY, for Plaintiff.

Steve Vidmer , Murray, KY, for Defendant.

MEMORANDUM-OPINION

THOMAS H. FULTON, Bankruptcy Judge.

THIS ADVERSARY PROCEEDING comes before the court on Plaintiff Kyle Bowe's motion seeking summary judgment against Defendant Joseph J. Kilmartin. For the reasons expressed below, the Court DENIES the Plaintiff's Motion.

FACTUAL BACKGROUND

On or about January 23, 2009,1 Plaintiff and the Defendant found themselves in a home located in Pemberton Township, Burlington...

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