McLeod v. Sears, Roebuck & Co. (In Re McLeod)

OPINION GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

WALTER SHAPERO, Bankruptcy Judge.

I. Introduction

This matter is before the Court on Defendant Sears, Roebuck and Co.’s motion for summary judgment as to Donald McLeod’s (“Debtor”) complaint, which alleges that Defendant violated the automatic stay and the permanent injunction. Debtor’s complaint stems from Defendant’s commencement of a state court action, post-discharge, to repossess goods in which it claims it holds a perfected purchase money security interest. For the reasons set forth below, the Court grants Defendant’s motion.

II.…