IN RE HERBY'S FOODS, INC.

Bankruptcy No. 389-35669-SAF-11, Adv. No. 390-3697.

134 B.R. 207 (1991)

In re HERBY'S FOODS, INC. d/b/a Fast 'N Hot also d/b/a Chuckwagon Food Services, Inc. (included by merger), Debtor. HERBY'S FOODS, INC. d/b/a Fast 'N Hot also d/b/a Chuckwagon Food Services, Inc. (included by merger), v. SUMMIT COFFEE COMPANY, INC., Dunnam-Snyder Company, and the Snyder Company, Inc.

United States Bankruptcy Court, N.D. Texas, Dallas Division.

Order Denying Motion to Amend or Make Additional Findings of Fact and to Alter or Amend the Judgment on November 22, 1991.


Attorney(s) appearing for the Case

Lynnette R. McClellan, Gregory G. Hesse, Jenkens & Gilchrist, P.C., Dallas, Tex., for the Official Unsecured Creditors' Committee of Herby's Foods, Inc., debtor.

Dennis Olson, Godwin, Carlton & Maxwell, P.C., Dallas, Tex., for defendants.


MEMORANDUM OPINION AND ORDER

STEVEN A. FELSENTHAL, Bankruptcy Judge.

The Official Unsecured Creditors' Committee of Herby's Foods, Inc., the debtor, requests that the court subordinate the claims of Summit Coffee Company, Inc., Dunnam-Snyder Company and the Snyder Company, Inc., the claimants, and avoid the liens of Summit and Dunnam. Neither Summit nor Dunnam has asserted its lien position in these proceedings. This opinion addresses whether the claims...

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