2548, 2552, 91 L.Ed. 2d 265 (1986); Fed. R. Civ. P. 56(c). In order to prevail, the movant must
demonstrate all elements of the cause of action, but once that burden is established the opposing
party must set forth specific facts showing there is a genuine issue for trial. R.E.Cruise, Inc., v.
Bruggeman, 508 F.2d 415, 416 (6th Cir. 1975); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-
51, 106 S.Ct. 2505, 2511, 91 L.Ed. 2d 202 (1986). Inferences drawn from the underlying facts must
be viewed in the light most favorable to the party opposing the motion. Matushita v. Zenith Radio
Corp., 475 U.S. 574, 586-88, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). See also In re Bell, 181
B.R. 311 (Bankr. N.D. Ohio 1995). Conclusory allegations, however, will not establish an issue of
fact sufficient to defeat summary judgment. Wilson Indus., Inc. v. Aviva America, Inc., 185 F.3d
492, 494 (5th Cir. 1999).
Standing as “Creditor” for Purposes of Challenging Discharge
Dr. Thompson claims that Kentor is not a creditor as he has no “right to payment” on any of
the alleged debts listed in his proof of claim based on several legal arguments. Since he has no right
to payment, he does not have a claim and cannot be a creditor. And, since he is not a creditor, then
he does not have standing to pursue the §727 actions.
Kentor asserts that 1) because he has a right to contribution with respect to the marital debts,
2) because he is the assignee of the Pool & Spa claim and 3) because he is scheduled by Dr.
Thompson as a creditor on Schedule F as holding an unsecured disputed claim, he has standing to
pursue his objection to discharge and that summary judgment relief must be denied.
The Bankruptcy Code contains an expansive definition for the terms “claim” and “creditor”
and such definitions are crucial to an understanding of the breadth of the definition of the term
“creditor”. In re Shumate, 55 B.R. 489, 492 (W.D. Va. 1985). The Bankruptcy Code defines the
term “claim” as the “right to payment whether or not such right is reduced to judgment, liquidated,