Kipperman
Kipperman v. Berg (In re Berg)
Opinion
Lead Opinion
Latham, J.
MEMORANDUM DECISION HOLDING SUMMARY JUDGMENT MOTIONS IN ABEYANCE PENDING TRIAL OF DISPUTED FACTS
■ The court finds that it may appropriately hold a summary judgment motion in abeyance pending resolution of disputed facts at an evidentiary hearing.
I. Procedural Background
A. The Main Bankruptcy Case
Debtors Neis Louis and Rachael Ann Berg filed a voluntary Chapter 7 petition in 2009. Richard Kipperman was appointed as the Chapter 7 Trustee. Neis and *164 Rachael 1 received their 11 U.S.C. § 727 discharge in 2012.
B. The Adversary Proceeding and the Evidentiary Hearing
Thereafter, Mr. Kipperman brought the above-captioned adversary proceeding, naming as defendants: Lory K. Berg, as successor trustee of the Frances H. Berg Trust, dated August 29, 1990; Neis Berg; and Rachael Berg. Neis and Rachael answered in due course. Lory answered and interposed counter- and crossclaims. She listed Mr. Kipperman, Neis, and Rachael as counter- and cross-defendants. The parties submitted a joint pretrial statement (the certificate of compliance with early conference of counsel) as required.
Mr. Kipperman moved for summary judgment, in which Neis and Rachael joined. They also also requested…