Thomas v. Auctions Am. By RM, Inc. (In re Bentley)

Karen S. Jennemann, United States Bankruptcy Judge

Defendant Auctions America by RM, Inc. moves to dismiss Count I that asserts that it converted an antique car, a 1930 Cord, when it sold the car at an auction in violation of possessory interests of one of the Debtor's creditors, Dr. Susan Kolb.1 Plaintiff Trustee, who now holds Dr. Kolb's claim,2 opposes the Motion.3 The Motion is denied.

Here is the undisputed timeline of relevant events:

• June 11, 2015 - A Georgia State Court orally ruled it would issue a writ of possession for Dr. Kolb to obtain the car.4 On that date, the car was in a…