Perry
Perry v. Chase Auto Finance (In re Perry)
Opinion
Lead Opinion
Mund, J.
MEMORANDUM OF DECISION GRANTING MOTION FOR SUMMARY JUDGMENT AS TO CHASE AUTO FINANCE (Dkt. 293)
Chase brings this motion for summary judgment. The sole remaining cause of action is for failure to turn over the vehicle that was repossessed prepetition, both under 11 U.S.C. § 542 (a) and § 362. The motion was heard on October 20, 2015. In preparation for the hearing, the Court created a chronology and sent it out to the parties for their comments. • At the hearing the Court went over the comments and created an agreed-to version of the chronology, which, with some later refinements *713 by the Court, is attached below. It then determined that it would rule on the papers and continued this to December 8, 2015 as a holding date.
The chronology gives a general picture of the events upon which this complaint is based and also points out some disputed facts. It also creates an evidentiary base for determining this motion.
THE FACTS
The Court finds that the facts set forth below in normal typeface are no longer in dispute, while facts in dispute and/or without evidentiary support are in italics: