IN RE STANTON, (Bankr.E.D.Wash. 1999)

JOHN A. ROSSMEISSL, United States Bankruptcy Judge

This matter having come on upon the cross motions for summary judgement by Plaintiff Gregory Beeler, Chapter 7 Trustee and Defendant International Factors Inc., and the Court having reviewed the pleadings and arguments herein, as more fully set forth in the Memorandum Opinion filed herewith and the Court being fully advised,

NOW THEREFORE IT IS HERE BY ORDER, ADJUDGED AND DECREED:

Gregory Beeler is granted summary judgement against Defendant International Factors Inc. avoiding, pursuant to 11 U.S.C. § 549 (a), the post-petition transfer of estate property which occurred through the continuing use, after the filing of the bankruptcy petition, of a guaranty and deed of trust granted by Kevin and Maryann Stanton to International Factors Inc..

IT IS FURTHER ORDERED, that the transfer avoided is preserved for the benefit of the estate.

IT IS FURTHER ORDERED, that the advances made by International Factors Inc. to fleet Manufacturing Inc. after the filing of bankruptcy by Kevin and Maryann Stanton were not secured by property of the bankruptcy estate.

IT IS FURTHER ORDERED, that the relationship between Kevin and Maryann Stanton and International Factors Inc. constituted an executory contract. The contact, however, was not assumable because it was a financial accommodation.

IT IS FURTHER ORDERED, that the post-petition activities of the Kevin and Maryann Stanton and International Factors Inc. regarding the use and reliance on the guaranty and deed of trust did not constitute a violation of the automatic stay.

IT IS FURTHER ORDERED, that the pre-petition secured claim of International Factors Inc. was $244,623.64. This amount has been paid in full and International Factors Inc's. lien satisfied and discharged as to property of the estate.

IT IS FURTHER ORDERED, that International Factor Inc's motion for summary judgement is denied.

IT IS FURTHER ORDERED, that, that pursuant to FRCP 54(b) there is no just cause for delay and the determinations herein are final judgements.