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IN RE DELTA RESOURCES, INC.

Bankruptcy No. 92-72874. Adv. No. 93-70406.

162 B.R. 562 (1993)

In re DELTA RESOURCES, INC., Debtor. AMSOUTH BANK, N.A., Plaintiff, v. ORIX CREDIT ALLIANCE, INC., Defendant.

United States Bankruptcy Court, N.D. Alabama.

December 21, 1993.

Attorney(s) appearing for the Case

Jerry W. Schoel, Birmingham, AL, for debtor Delta Resources, Inc.

Michael L. Hall and William S. Hereford, Birmingham, AL, for ORIX Credit Alliance.

David B. Anderson, Birmingham, AL, for AmSouth Bank, N.A.

Helen H. Ellis, Acting Bankruptcy Administrator and Estate Analyst, Bankruptcy Administrator's Office, Birmingham, AL.

David L. Carroll, Tuscaloosa, AL, for Navistar Financial Corp.

Donald M. Wright, Birmingham, AL, for Concord Commercial Credit Corp.

MEMORANDUM OF DECISION

GEORGE S. WRIGHT, Chief Judge.

This matter came before the court on cross-motions for summary judgment of the plaintiff, AmSouth Bank, N.A. (AP Doc. 26) and of the defendant, ORIX Credit Alliance, Inc. (AP Doc. 34). After reviewing the record of this adversary proceeding (lawsuit), the Delta Resources, Inc., bankruptcy case as a whole, and conducting its own research, the court finds that the "transformation rule" controls on...

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