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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. 860 (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.

November 16, 2009.

Attorney(s) appearing for the Case

Clifton Charles Mosteller, Derek F. Meek, Marc P. Solomon, Robert B. Rubin, Burr & Forman, LLP, Birmingham, AL, for Twentieth Century Land Corp.

Charles L. Denaburg, Najjar Denaburg P.C., Birmingham, AL, Rita H. Dixon, Rita H. Dixon, LLC, Birmingham, AL, for Landmark North Freeway, Ltd.

James Robert Bussian, Maynard Cooper & Gale, P.C., Birmingham, AL, Kevin C. Gray, Maynard, Cooper & Gale, P.C., Huntsville, AL, for HSBC Bank USA.

MEMORANDUM OPINION

JACK CADDELL, Bankruptcy Judge.

On September 11, 2009, this Court entered a memorandum opinion and order tentatively granting summary judgment in favor of the plaintiff, Twentieth Century Land Corporation ("Twentieth Century"), and against the defendant, HSBC Bank USA ("HSBC"), a copy of which is attached hereto and incorporated herein.1 The Court found that Twentieth Century was entitled to avoid its transfer...

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