IN RE HEILIG-MEYERS CO.

Bankruptcy Nos. 00-34533-T to 00-34538-T, Adversary No. 02-06158-T.

297 B.R. 46 (2003)

In re HEILIG-MEYERS COMPANY, et al Chapter 11 Debtors-in-Possession. Official Committee of Unsecured Creditors of Heilig-Meyers Company, et al, on Behalf of Heilig-Meyers Company, et al, Plaintiff, v. Wachovia Bank, N.A., f/k/a First Union National Bank and as successor by merger to Wachovia Bank, N.A., both as agent and individually; Wachovia Securities, Inc., f/k/a Wachovia Capital Markets, Inc.; Bank of America, N.A.; Crestar Bank; Suntrust Bank; the Fuji Bank, Limited; First Chicago, f/k/a The First National Bank of Chicago; Credit Lyonnais, New York Branch; the Bank of Tokyo-Mitsubishi, Ltd.; MLO CLO XIX Sterling (Cayman) Ltd.; PNC Bank, National Association; Prudential Insurance Company of America; Pruco Life Insurance Company; Doe Wachovia Certificate Holders Nos. 1-1,000; and Doe Funb Certificate Holders Nos. 1-1,000, Defendants.

United States Bankruptcy Court, E.D. Virginia, Richmond Division.

March 25, 2003.


Attorney(s) appearing for the Case

Bruce H. Matson, LeClair Ryan, P.C., Richmond, VA, for plaintiff.

Lynn L. Tavenner, for Special Local Counsel for Official Committee of Unsecured Creditors.

Scott L. Baena, for Special Counsel for Official Committee of Unsecured Creditors.

Kevin R. Huennekens, for Wachovia Bank, N.A.


MEMORANDUM OPINION

DOUGLAS O. TICE, Jr., Chief Judge.

Hearing was held December 18, 2002, on the joint motion of the defendant pre-petition secured lenders (filed by Wachovia Bank, N.A., as collateral agent for each of the pre-petition lenders as defined in the joint motion) to dismiss portions of the amended complaint of the plaintiff official committee of unsecured creditors. The court took ruling on the motion under advisement and requested the...

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