Smith v. Primus Automotive Financial (In Re Smith)

CORRECTED MEMORANDUM OPINION

DUNCAN W. KEIR, Bankruptcy Judge.

Before the court is a Motion for Summary Judgment filed by Debtor Kyle Smith (“Debtor”), the debtor in a Chapter 7 bankruptcy case. Primus Automotive Financial (“Creditor”), a creditor in said bankruptcy case, has responded to the Motion. The court finds that the facts and arguments are adequately set forth in the Motion and case record and that a hearing would not aid the decisional process.

Debtor filed a Complaint for Return of Funds Paid as a Preference (“Complaint”), which instituted this adversary proceeding. In the Complaint,…