Merrick v. Capcar Realty 1.1, LLC (In re Merrick)

MEMORANDUM DECISION REGARDING CROSS MOTIONS FOR SUMMARY JUDGMENT

WILLIAM T. THURMAN, Chief Judge.

This matter came before the Court on cross motions for summary judgment to determine whether the defendant’s claim against the debtors should be disallowed pursuant to 11 U.S.C. § 502.1 The Court conducted a hearing on this matter on August 16, 2012, in which Stewart Merrick appeared on behalf of the plaintiffs/debtors Randy Guy and Christine Merrick (the “Merricks” or the “Debtors”) and George Hoffman appeared on behalf of the defendant, CapCar Realty 1.1, LLC (“CapCar”). At the conclusion of the…