Auto Dealers Group v. Auto Dealer Services, Inc. (In Re Auto Dealer Services, Inc.)

ORDER

GEORGE KENDALL SHARP, District Judge.

This matter is before the court upon plaintiff’s motion for leave to appeal from that portion of the Bankruptcy Courts Order, 65 B.R. 681, granting the debtor’s motion for partial summary judgment. The Bankruptcy Court determined it would be unjust to allow dealers to retain any unearned advance commissions, and, therefore, granted debtor’s motion for summary judgment on the issue of unjust enrichment. Plaintiff seeks leave to appeal this determination. The issue on appeal is whether the Bankruptcy Court was correct in finding that a contract exists…