Hillen v. Dennis Dillon Auto Park & Truck Center, Inc. (In re Byrd)

MEMORANDUM OF DECISION

Honorable Jim D. Pappas, United States Bankruptcy Judge

I

Introduction

In this adversary proceeding, Plaintiff, chapter 71 trustee Noah G. Hillen, seeks entry of a summary judgment on his claim against Defendant Dennis Dillon Auto Park & Truck Center, Inc. (“Defendant”). The Court heard oral argument on January 20, 2016, and after supplemental briefing, took the motion under advisement. Upon consideration of the parties’ briefs and arguments, as well as the applicable law, this Memorandum disposes of the motion.

II

Facts2

This adversary proceeding arises out of the bankruptcy…