BOSWELL, Judge
The plaintiff in this action, Virginia Sylvester, ("Sylvester") filed a complaint objecting to the discharge of certain debts against the debtor, John Harold Allen, ("Allen") on April 7, 1999. In this adversary proceeding, Sylvester alleges that $20,000 she tendered to the debtor for investment should be excepted from discharge under 11 U.S.C. § 523(a)(2)(A) and (B), 523(a)(4), and 523(a)(6). On December 10, 1999, Allen filed a motion for summary judgment asserting that there were no genuine issues of material fact and that he was entitled to judgment as a matter of law. Sylvester filed a response to this motion on December 30, 1999.
This Court conducted a hearing on this motion for summary judgment on January 12, 2000, pursuant to FED. R. BANK. P. 9014. This is a core proceeding. 28 U.S.C. § 157(b)(2). The following shall serve as this Court's findings of facts and conclusions of law pursuant to FED. R. BANKR. P. 7052.
Summary Judgment under FED. R. CIV. P. 56(c), made applicable to bankruptcy contested matters and adversary proceedings by FED. R. BANKR. P. 7056, is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. See Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). Any inferences to be drawn from the underlying facts must be viewed in the light most favorable to the party opposing the motion. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986).
After reviewing the facts of this case and the record as a whole, this Court concludes that summary judgment is not appropriate at this time. The Court finds that there exist genuine issues of material fact regarding the debtor's actions concerning the money he invested for the plaintiff.
ORDER
It is therefore ORDERED that the Motion For Summary Judgment Filed by John Harold Allen is DENIED.
IT IS SO ORDERED.
By the Court,
G. Harvey Boswell United States Bankruptcy Judge
Date: February 23, 2000