Perry

Perry v. Chase Auto Finance (In re Perry)

Good Law
2015 Bankr. LEXIS 3898·540 B.R. 710
United States Bankruptcy Court, Central District of CaliforniaNovember 13, 2015Case No.: 1:09-bk-11476-GM; Adv No: 1:10-ap-01043-GMCalifornia6,251 words

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:

MOVING AND RESPONDING PAPERS

The Motion

Perry did not file this adversary proceeding…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.