Estis v. Credit Union of Johnson County (In Re Estis)

MEMORANDUM AND ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT 1

ROBERT D. BERGER, Bankruptcy Judge.

This matter is before the Court on defendant’s Motion to Dismiss or, in the Alternative, Motion for Summary Judgment (Doc. # 6). Plaintiff has filed a response (Doc. # 10), and the Defendant has filed its response (Doc. # 17). In this action, the plaintiff alleges the defendant willfully violated the 11 U.S.C. § 362 2 automatic stay by selling a vehicle that was property of the plaintiffs bankruptcy estate after receiving due notice of the plaintiffs pending Chapter 13 petition. 3 In its…