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IN RE HEATHERWOOD HOLDINGS, LLC

Bankruptcy No. 09-00076-TOM11. Adversary No. 09-00017-TOM.

454 B.R. 495 (2011)

In re HEATHERWOOD HOLDINGS, LLC., Debtor. Heatherwood Holdings, LLC., Plaintiff, v. First Commercial Bank, Jonathan L. Kimerling, HGC, Inc., Defendants.

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

July 26, 2011.

Attorney(s) appearing for the Case

Charles Denaburg , Birmingham, AL, and Steve Altmann , for Heatherwood Holdings, LLC.

Lee Benton and Amy Hazelton , Birmingham, AL, for HGC, Inc. and various Heatherwood homeowners.

James Bussian , Josh Baker , and Daniel Sparks , Birmingham, AL, for First Commercial Bank.

AMENDED MEMORANDUM OPINION

TAMARA O. MITCHELL, Bankruptcy Judge.

This case is before the Court on Heatherwood Holdings, LLC's ("HH") Complaint To Determine The Validity And Extent Of Liens Or Other Interests In Real Estate And To Sell Real Estate Free And Clear Of Liens, Interests And Encumbrances ("Complaint") against First Commercial Bank ("FCB"), Jonathan L. Kimerling, and HGC, Inc. ("HGC") and the counterclaims and cross-claims asserted by HGC...

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