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IN RE BILL HEARD ENTERPRISES, INC.

Bankruptcy No. 08-83029-JAC-11. Adversary No. 09-80023-JAC-11.

406 B.R. 98 (2009)

In the Matter of BILL HEARD ENTERPRISES, INC., et al., Debtor(s). Twentieth Century Land Corporation, Plaintiff(s), v. Landmark North Freeway, Ltd. et al., Defendant(s). HSBC Bank USA, As Trustee for the Registered Holders of Falcon Auto Dealership Loan Trust 2003-1 Loan Backed Bonds, Successor-in-Interest to Falcon Financial, LLC d/b/a Falcon Lending, LLC, Counterclaim, Crossclaim and Third Party Plaintiff, v. Landmark North Freeway, Ltd., Crossclaim Defendant, and Landmark I-45, Inc. and William T. Heard, Third Party Defendants.

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

June 17, 2009.

Attorney(s) appearing for the Case

Clifton Charles Mosteller, Derek F. Meek, Marc P. Solomon, Robert B. Rubin, Burr & Forman, LLP, Birmingham, AL, for Plaintiff(s).

Rita H. Dixon, Rita H. Dixon, LLC, Birmingham, AL, for Defendant(s), Third Party Defendants, Crossclaim Defendant.

James Robert Bussian, Maynard Cooper & Gale, P.C., Birmingham, AL, Kevin C. Gray, Maynard, Cooper & Gale, P.C., Huntsville, AL, for Counterclaim, Crossclaim and Third Party Plaintiff.

Landmark North Freeway, Ltd., pro se.

Charles L. Denaburg, Najjar Denaburg PC, Birmingham, AL, for Crossclaim Defendant.

MEMORANDUM OPINION

JACK CADDELL, Bankruptcy Judge.

Now before the Court for consideration is HSBC Bank USA's motion to dismiss the counterclaim of Landmark North Freeway, Ltd. and William T. Heard for failure to state a claim upon which relief may be granted. After reviewing the record and all briefs submitted in connection with the motion, the Court enters the following order.

PROCEDURAL HISTORY

On September 28, 2008, Bill Heard Enterprises...

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