Pursuant to the Court’s marginal order dated September 23, 2019 (Docket No. 22), the creditor filed a supplemental motion for summary judgment on September 25, 2019, which included the exhibits that the creditor failed to attach to the original motion (Docket No. 23) SUMMARY JUDGMENT STANDARD Federal Rule of Civil Procedure 56, made applicable to bankruptcy proceedings by Bankruptcy Rule 7056, provides that a court “shall grant summary judgment if the movant shows that there is no genuine dispute as to any material 19-04012-aih Doc 25 FILED 10/18/19 ENTERED 10/18/19 14:40:55 Page 4 of 14 5 fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a); Fed R. Bankr. P. 7056. Although Rule 56 was amended in 2010, the amendments did not substantively change the summary judgment standard.

II. Choice of law At this stage in the proceedings, the Court will only consider the choice of law issue2 raised in the parties’ competing Motions for Summary Judgment.3 The 2 In accordance with its August 27, 2014, Order on Motion to Strike Portions of Defendant’s Motion for Summary Judgment (ECF No. 78), the Court reserves ruling on Sections II and III of the Defendant’s Motion for Summary Judgment until such time as the Court has ruled on the choice of law issue and either: (1) fact discovery as to Sections II and III has closed and the parties agree to a briefing schedule relating thereto; or (2) this Court, upon an appropriate motion, grants leave to seek summary judgment as to Sections II and III. 3 Pursuant to Federal Rule of Civil Procedure 56(a), made applicable to bankruptcy proceedings by Federal Rule of Bankruptcy Procedure 7056, the Court shall grant summary judgment “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” “When deciding summary judgment, the Court may look to materials in the record such as depositions, documents, affidavits or declarations, and admissions.”