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IN RE SPILLMAN DEVELOPMENT GROUP, LTD.

Bankruptcy No. 05-14415-FM. Adversary No. 08-1018.

401 B.R. 240 (2009)

In re SPILLMAN DEVELOPMENT GROUP, LTD., Debtor. Spillman Investment Group, Ltd., Stephen W. Gurasich, Jr., Donald C. Walden, Robert H. West, Morton L. Topfer, Alan Topfer, And Richard Topfer, Plaintiffs, v. American Bank of Texas, Ronald E. Ingalls, Trustee, and Fire Eagle, LLC, Defendants. Ronald E. Ingalls, Trustee, Third-Party Plaintiff, v. Palisades Developers, Ltd., Third-Party Defendant.

United States Bankruptcy Court, W.D. Texas, Austin Division.

January 29, 2009.

Attorney(s) appearing for the Case

Eric J. Taube, Hohmann, Taube & Summers, L.L.P., Mark Curtis Taylor, Hohmann & Taube LLP, Austin, TX, for Debtor.

Ronald E. Ingalls, Austin, TX, for Trustee.

MEMORANDUM OPINION

FRANK R. MONROE, Bankruptcy Judge.

Plaintiffs filed their Motion for Summary Judgment against Defendants on November 3, 2008. Defendant, Fire Eagle, LLC, filed its Motion for Summary Judgment on December 2, 2008. Both Motions require a determination of the legal effect of Fire Eagle's credit bid purchase of assets of Debtor, Spillman Development Group, Ltd., in a § 363 sale conducted by this Court. As such, this Court has jurisdiction...

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