Smith v. American Honda Finance Corp. (In Re Marshall)

MEMORANDUM OPINION

JOHN T. LANEY, III, Bankruptcy Judge.

On December 13, 2000, the court held a hearing on cross motions for summary judgment regarding Plaintiff/Trustee’s (“Trustee”) complaint to avoid preferential transfer and motion of American Honda Finance Corporation (“Defendant”) for relief from stay. The parties filed briefs, response briefs, and Defendant filed a supplemental brief. At the conclusion of the hearing, the court took the matter under advisement and announced that it would allow the parties to submit letter briefs discussing the Alabama law pertaining to the release of a…