Financeamerica Corp. v. Morris (In Re KLP, Inc.)

MEMORANDUM IN SUPPORT OF JUDGMENT

A. D. KAHN, Bankruptcy Judge.

In this Chapter 7 proceeding, Plaintiff seeks (1) an order lifting the stay of § 362(a) of the Bankruptcy Code and (2) a turnover order requiring the Defendant-Trustee to deliver to Plaintiff certain goods in his possession. The Defendant-Trustee moved to dismiss the proceeding, and the court indicated, by previous order, that it will treat the motion as a motion for summary judgment. For the reasons outlined below, the court is inclined to grant the Trustee’s motion, thereby resolving the matter.

The facts of the case are not in…