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IN RE BILL HEARD ENTERPRISES, INC.

Bankruptcy No. 08-83029-JAC11. Adversary No. 09-80117.

423 B.R. 771 (2010)

In re BILL HEARD ENTERPRISES, INC., et al., Debtors. BMW Financial Services, NA, LLC, d/b/a Alphera Financial Services, Plaintiff, Columbus Bank & Trust Company, Intervening Plaintiff v. Bill Heard Enterprises, Inc., Landmark Chevrolet, Ltd., Bill Heard Chevrolet, Inc.—Huntsville, Bill Heard Chevrolet Company, Tom Jumper Chevrolet, Inc., Bill Heard Chevrolet Corporation—Orlando, Bill Heard Chevrolet at Town Center, LLC, Bill Heard Chevrolet, Inc.—Buford, Bill Heard Chevrolet Corp.—NW Las Vegas, Bill Heard Chevrolet Corp.—Las Vegas, Bill Heard Chevrolet, Inc.—Collierville, Defendants.

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

February 5, 2010.

Attorney(s) appearing for the Case

James H. Rollins, Holland & Knight LLP, Atlanta, GA, for Plaintiff.

Jeffrey W. Kelley, Troutman Sanders LLP, Atlanta, GA, for Intervening Plaintiff.

Derek F. Meek, Marc P. Solomon, Robert B. Rubin, Burr & Forman, Birmingham, AL, for Defendants.

MEMORANDUM OPINION

JACK CADDELL, Bankruptcy Judge.

This matter having come before the Court on cross motions for summary judgment filed by William F. Perkins in his capacity as the Liquidating Trustee for the Debtors (the "Liquidating Trustee's Motion"), BMW Financial Services NA, LLC, d/b/a Alphera Financial Services, Plaintiff in the above styled adversary proceeding ("the Alphera Motion"), and Columbus Bank & Trust Company, Intervenor Plaintiff...

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