Defendants filed a motion for summary judgment on a claim of violation of the automatic stay based on an invoice for water service sent by Defendants post-petition. The Court found that none of the facts in dispute were material facts; however, the Court declined to consider a document containing Defendants’ bankruptcy guidelines that was submitted with Defendants’ motion for summary judgment because Plaintiff showed the document might be excludible from evidence. The Court concluded Defendants were not entitled to summary judgment because the invoice sent to Plaintiff included language requiring payment while lacking any prominent disclaimer.
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