Motorcycle Excellence Group, Inc. v. BMW of North America, LLC (In Re Motorcycle Excellence Group, Inc.)

MEMORANDUM DECISION ON CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT

ELIZABETH S. STONG, Bankruptcy Judge.

BMW of North America, LLC (“BMW”), the defendant in this adversary proceeding (the “Adversary Proceeding”) moves for partial summary judgment (the “Motion for Summary Judgment”) dismissing the first and second claims for relief asserted in the complaint (the “Complaint”) of The Motorcycle Excellence Group, Inc. d/b/a Precision Motorcycles, the debtor and debtor in possession in the above captioned Chapter 11 case (the “Debtor”). In the First Claim for Relief, the Debtor seeks a determination…