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In re HEILIG-MEYERS CO

Bankruptcy Nos. 00-34533 DOT to 00-34538-DOT. Adversary No. 02-6158-DOT.

319 B.R. 447 (2004)

In re HEILIG-MEYERS COMPANY, et al., Debtors. Heilig-Meyers Company, et al., Plaintiffs, 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, Ltd.; 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.

December 21, 2004.

Attorney(s) appearing for the Case

Bruce H. Matson, Richmond, VA, for Debtors.

Scott L. Baena, Bilzin, Sumberg, Baena, Price & Axelrod LLP, Miami, FL, Special Counsel for Debtors.

Kevin R. Huennekens, Kutak, Rock LLP, Richmond, VA, for Wachovia Bank, N.A.

David D. Hopper, Cook, Heyward, Lee, Hopper & Feehan, P.C., Richmond, VA, for Prudential Insurance Company of America and Pruco Life Ins.

REVISED MEMORANDUM OPINION

DOUGLAS O. TICE, JR., Chief Judge.

A trial over 10 days was held in November 2003 on plaintiff debtors' amended complaint to avoid allegedly preferential or fraudulent cash transfers and grants of liens made to defendants, a group of debtors' pre-petition secured creditors. The transfers at issue were made on May 25, 2000, as part of a major financial restructuring of the debtors. The issues for decision are (1) whether...

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