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IN RE FMB BANCSHARES, INC.

No. 14-70716-jtl.

517 B.R. 361 (2014)

In re FMB BANCSHARES, INC., Debtor, FMB Bancshares, Inc., Movant, v. Trapeza CDO XII, Ltd., Respondent.

United States Bankruptcy Court, M.D. Georgia, Valdosta Division.

Signed August 29, 2014.

Attorney(s) appearing for the Case

Wesley J. Boyer , Katz, Flatau & Boyer, L.L.P., Macon, GA, Jonathan T. Edwards , Jason H. Watson , Alston & Bird, LLP, Atlanta, GA, Michael G. Wilson , Hunton & Williams, L.L.P., Richmond, VA, for Petitioning Creditor.

Matthew Ray Brooks , Jeffrey W. Kelley , Troutman Sanders, LLP, Atlanta, GA, for Debtor.

MEMORANDUM OPINION

JOHN T. LANEY, III, Chief Judge.

This matter is before the Court on Debtor, FMB Bancshares, Inc.'s, Motion to Dismiss the Involuntary Chapter 7 Petition (the "Motion") filed by Trapeza CDO XII, LTD ("Trapeza"). The Court heard oral arguments on the Motion on July 30, 2014, in Valdosta, Georgia. Appearing at the hearing were counsel and representatives of the Debtor, Trapeza, Wilmington Trust Company, Farmers and Merchants Bank, and the...

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