KSB

Judge Berger

10-06038 Crescent Oil Company, Inc. v. Hasan Enterprise, LLC et al (Doc. # 22) - Document Text

The relief described hereinbelow is SO ORDERED.
SIGNED this 30th day of November, 2011.


IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF KANSAS


In re:

CRESCENT OIL COMPANY, INC., Case No. 09-20258
Debtor-in-Possession. Chapter 11

CRESCENT OIL COMPANY, INC., et al.,
Plaintiffs,

v. Adv. No. 10-6038
HASAN ENTERPRISE, LLC, et al.,
Defendants.

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

Debtor Crescent Oil Company moves for summary judgment and seeks $45,833.90 for
pre- and post-petition products sold to Defendant Hasan Enterprise, LLC.1 Defendant Muhamud
Hasan guaranteed payment. The motion is unopposed.

1

Doc. No. 15.

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Findings of Fact

Debtor filed for bankruptcy protection on February 7, 2009. Debtor owned, leased, subleased
and bought and sold real property and equipment in the gasoline convenience store
business. Debtor also bought and sold gasoline and related convenience store products in the
Midwest and other locations.

Before selling substantially all its assets in this bankruptcy, Debtor did business with
Hasan Enterprise under a real estate sublease and motor fuel marketing agreement. Muhamud
Hasan guaranteed Hasan Enterprise’s obligations. As a result of this business relationship,
Defendants owe $45,833.90 to Debtor for pre- and post-petition products. Debtor presents
uncontroverted testimony supporting its right to collect this account receivable.

Conclusions of Law

A. Summary Judgment Standard
Summary judgment is appropriate if the moving party demonstrates there is no genuine
issue as to any material fact, and he is entitled to judgment as a matter of law.2 All material facts
set forth in the movant’s statement shall be deemed admitted for the purpose of summary
judgment unless specifically controverted by the statement of the opposing party.3 If the
opposing party does not respond, summary judgment should, if appropriate, be entered against
that party.4 The moving party has the burden of establishing it is entitled to summary judgment.5

2

Fed. R. Bankr. P. 7056.
3 D. Kan. LBR 7056.1(a).
4 Fed. R. Bankr. P. 7056; Fed. R. Civ. P. 56(e)(2).
5 Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986).


-2


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B. Debtor Meets Its Burden
Debtor has properly supported its motion for judgment. Debtor has made demand for the
amount owed, and Defendants have failed to pay or raise a defense. The amount owing is
property of the estate. The account receivable is matured and payable. Accordingly, Debtor is
entitled to judgment as a matter of law.

Conclusion

IT IS THEREFORE ORDERED Plaintiff’s Motion for Summary Judgment under 11

U.S.C. §541 and §542 is GRANTED in the amount of $45,833.90. A separate order of judgment
in Plaintiff’s favor shall be entered.
###
ROBERT D. BERGER

U.S. BANKRUPTCY JUDGE
DISTRICT OF KANSAS
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