Luper v. Guardian Finance Co. (In re McAlmont)

MEMORANDUM OPINION ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

JOHN E. HOFFMAN, JR., Bankruptcy Judge.

I. Introduction

This adversary proceeding is before the Court on: (i) the motion for summary judgment (Doc. 11) (“Motion”) filed by the Chapter 7 trustee, Frederick M. Luper (“Trustee”); (ii) the response to the Motion (Doc. 12) (“Response”) filed by Guardian Finance Company (“Guardian”); and (iii) the reply brief in support of the Motion (Doc. 13) (“Reply”) filed by the Trustee.

By his complaint (“Complaint”) (Doc. 1), the Trustee seeks to avoid Guardian’s security interest in a motorcycle owned…