Trustee Forrest C. Allred v. Great Western Bank, et al. (In re Randall Joseph and Joyce Lilene Unger), Chapter 7.

Adv. No. 09-1019;, Bankr. No. 08-101 74.United States Bankruptcy Court, D. South Dakota.
March 1, 2010

Federal Building and United States Post Office Pierre, South Dakota.

Forrest C. Allred, Esq. Counsel for Trustee-Plaintiff Aberdeen, South Dakota.

William K. Sauck, Jr., Esq. Counsel for Defendant Great Western Bank Aberdeen, South Dakota.

CHARLES NAIL, Bankruptcy Judge

Dear Counsel:

In its response to Trustee Allred’s Motion for Judgment on the Pleadings, Great Western Bank asserted a right to setoff that was not specifically mentioned in its answer, and it submitted an affidavit in support of its response. Pursuant to Fed.R.Bankr.P. 7012 and Fed.R.Civ.P. 12(d), the Court will therefore treat Trustee Allred’s Motion for Judgment on the Pleadings (adv. doc. 11) as a motion for summary judgment under Fed.R.Bankr.P. 7056
and Fed.R.Civ.P. 56. If either of you wishes to present any additional material that is pertinent to Trustee Allred’s motion, you may do so on or before April 9, 2010. The Court will then take the matter under advisement.