Bakst v. Bennett (In Re Bennett)

ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF THE TRUSTEE

STEVEN H. FRIEDMAN, Bankruptcy Judge.

This matter came before the Court March 31, 1997, for hearing on the motion of the Chapter 7 Trustee for summary judgment. The Chapter 7 Trustee, Daniel L. Bakst (the “Trustee”), filed a two count complaint against the Defendant, Sandra Bennett (“Bennett”) seeking to determine the validity, priority and amount of Bennett’s security interest on the Debtor’s automobile and to avoid a preferential transfer. The Trustee seeks summary judgment on the first count — a determination of the validity, priority…