Hi,

I filed a complaint pro-se against a pro-se defendant in bankruptcy court, I purchased some domain names from him, and he never turned over control to me.

In my complaint, I allege:
1) There is a signed contract for sale, copy attached to complaint
2) Defendant received payment, copy of canceled check attached to complaint
3) Defendant never transferred registration to me
4) Various other minor allegations, supporting, but not central to the matter
And I also establish the court's jurisdiction over the matter, citing USC

I ask court for:
1) Declaration of ownership
2) Order defendant to transfer registration

I just got a Motion for Summary Judgment. In it, Defendant asks for judgment or dismissal:

1) BK court might not have jurisdiction because discharge is already granted.
2) Acknowledges the sale
3) Acknowledges the refusal to transfer
4) 14 other allegations of fact/opinion

In short, the defendant has unwittingly stipulated to the essence of my complaint in his grounds. I can dispute some of the other grounds, with evidence, if necessary, to get the court to deny the motion. But really what I'd like to do is to "oppose" the motion, have the court recognize that facts are actually undisputed, then have court view all the evidence in the light most favorably to me, and find in my favor.

I have read conflicting online advice. One source says that, given no facts are in dispute, the court can find only for the movant (Defendant). Another source says that the court can find for either of us, again, given no factual dispute.

Which one is correct? And can I do this?

If I get the court to deny the motion, and I file my own Motion for Summary Judgment, can I rely on the grounds in the defendant's pleading as evidence? I mean that if I don't dispute a factual ground in the defendant's motion for summary judgment now, will the characterization of that ground as evidence survive so that I can use it as established evidence in my Motion?

I'm not sure which way to go, thanks in advance for your help.

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Originally Posted by mightycpa

I have read conflicting online advice. One source says that, given no facts are in dispute, the court can find only for the movant (Defendant). Another source says that the court can find for either of us, again, given no factual dispute.

Which one is correct? And can I do this?

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On defendant's MSJ the court would normally either grant the motion (judgment against you essentially dismissing the complaint) or deny the motion.

Simply cross-move for summary judgment in your favor.

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If I get the court to deny the motion, and I file my own Motion for Summary Judgment, can I rely on the grounds in the defendant's pleading as evidence? I mean that if I don't dispute a factual ground in the defendant's motion for summary judgment now, will the characterization of that ground as evidence survive so that I can use it as established evidence in my Motion?

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Yes. What you would argue is that, assuming defendant's version of the facts as alleged in his motion to be true, defendant's motion should be denied and your motion should be granted.