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IN RE BILL HEARD ENTERPRISES, INC.

No. 08-83029-JAC-11.

400 B.R. 813 (2009)

In the Matter of BILL HEARD ENTERPRISES, INC., et al., Debtor(s).

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

February 12, 2009.

Attorney(s) appearing for the Case

Amanda Beckett, Derek F. Meek, Marc P. Solomon, Burr & Forman LLP, Birmingham, AL, Edward J. Peterson, III, Stichter, Riedel, Blain & Prosser, P.A., Tampa, FL, for Debtors.

Charles M. Tatelbaum, Adorno & Yoss, Fort Lauderdale, FL, for GMAC.

Joseph R. Sgroi, Honigman Miller Schwartz and Cohn, Detroit, MI, for GM, LLP.

MEMORANDUM OPINION

JACK CADDELL, Bankruptcy Judge.

This case is before the Court on motion filed by GMAC, LLC ("GMAC") to compel General Motors Corporation ("GM") to turnover funds being held in GM's open accounts for each of Bill Heard's dealerships for which GMAC provided floor plan financing. (DK # 485) On December 4, 2008, GMAC filed a motion for entry of summary judgment in its favor and against GM seeking an order: (1) confirming GMAC's priority security...

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