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IN RE BILL HEARD ENTERPRISES, INC.

Bankruptcy No. 08-83029-JAC-11. Adversary No. 09-80023-JAC-11.

420 B.R. 553 (2009)

In the Matter of BILL HEARD ENTERPRISES, INC., et al. Debtor(s). Twentieth Century Land Corp., Plaintiff(s), v. Landmark North Freeway, Ltd. Istar Financial, Inc. d/b/a Autostar, Successor in Interest to Falcon Financial, LLC, et al., Defendant(s). HSBC Bank USA, as Trustee for The Registered Holders Of Falcon Auto Dealership Loan Trust 2003-1 Loan-Backed Bonds, Successor-in-Interest to Falcon Financial, LLC d/b/a Falcon Lending, LLC, Counterclaim Plaintiff, v. Twentieth Century Land Corp., Counterclaim Defendant.

United States Bankruptcy Court, N.D. Alabama, Northern Division.

September 11, 2009.

Attorney(s) appearing for the Case

Amanda Beckett, Derek F. Meek, Marc P. Solomon, Burr & Forman LLP, Birmingham, AL, Edward J. Peterson, III, Stichter, Riedel, Blain & Prosser, P.A., Tampa, FL, for Debtor.

MEMORANDUM OPINION

JACK CADDELL, Bankruptcy Judge.

Now before the Court for consideration are cross motions for summary judgment filed by Twentieth Century Land Corporation ("Twentieth Century") and HSBC Bank USA ("HSBC"). Twentieth Century seeks an order granting summary judgment as to its claims in the above styled action and as to all counterclaims asserted by HSBC. HSBC seeks an order granting summary judgment on Twentieth Century's amended complaint...

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