Am. Express Bank v. Mowdy (In re Mowdy)
Decision Date | 16 January 2015 |
Docket Number | Adv. Pro. 14–01023–SAH,Case No. 13–15321–SAH |
Citation | 526 B.R. 63 |
Parties | In re: Michal Todd Mowdy, d/b/a Mike Mowdy Autoplex, Debtor. American Express Bank, F.S.B. Plaintiff, v. Michal Todd Mowdy, Defendant. Michal Todd Mowdy, Counter–Claimant, v. American Express Bank, FSB, Counter–Defendant. |
Court | U.S. Bankruptcy Court — Western District of Oklahoma |
Lyle R. Nelson, Oklahoma City, OK, for Plaintiff/Counter–Defendant.
Valerie A. Williford, Oklahoma City, OK, for Defendant/Counter–Claimant.
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, STATEMENT OF FACTS NOT IN DISPUTE, MEMORANDUM OF LAW AND OF NOTICE OF OPPORTUNITY FOR HEARING [DOC. 35]
Plaintiff American Express Bank, FSB (“American Express”) seeks summary judgment on its claims under 11 U.S.C. § 523(a)(2)(A) and (c) pursuant to the Plaintiff's Motion for Summary Judgment, Statement of Facts Not in Dispute, Memorandum of Law and Notice of Opportunity for Hearing [Doc. 35], filed on November 6, 2014 (the “Motion”). Defendant Michal Todd Mowdy (“Mowdy”) objects to entry of summary judgment pursuant to his Defendant Michael Todd Mowdy's Response to Plaintiff's Motion for Summary Judgment [Doc. 36], filed on November 20, 2014.
For the reasons set forth below, the Court grants the Motion.
The following are the undisputed material facts:
(Exhibit B, p. 2, ¶¶ 8, 10, 11, 12 and 13; Exhibit G, p. 1, ¶ 1; Exhibit F, p. 7, ¶ 54; Exhibit C, pp. 3–5, ¶¶ 16–34).
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