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Judge Thomas L. Saladino

Hastings State Bank v. Thomas D. Stalnaker, Chap. 7 Trustee (In re EDM Corp.), Ch. 7, BK08-40788-TLS, A08-4040-TLS (Dec. 4, 2009)

On summary judgment, the court determined priority of creditors' interests; (1) creditor bank, though first to file, had not properly perfected its lien under the U.C.C. and (2) creditor landlord's lien is superior to each creditor bank's interest.

Interstate Structures, Inc. v. Heritage Bank (In re Craig & Kimberly Thurston), Ch. 11, BK04-42317, A06-4055 (Apr. 11, 2007)

A fund transfer between the accounts of two corporations owned by the debtor was intercepted by the lender and applied to a corporate debt. The debtor sued to avoid the transfer, but the court ruled it wasn't a preference as it wasn't debtor's property.

Interstate Structures, Inc. v. Heritage Bank (In re Craig & Kimberly Thurston), Ch. 7, BK04-42317-TLS, A06-4055-TLS (Mar. 27, 2008)

Defendants' Rule 12(b)(6) motion to dismiss the complaint for failure to state a claim upon which relief may be granted must be denied when the movant does not provide a legal or factual explanation of why it believes the complaint fails to state a claim.

Interstate Structures, Inc. v. Heritage Bank (In re Craig & Kimberly Thurston), Ch. 7, BK04-42317-TLS, A06-4055-TLS (Nov. 6, 2008)

The court denied summary judgment on the issue of equitable subordination of the bank's claim because fact questions existed with regard to the bank's intent and whether it engaged in inequitable conduct in its lending relationship with the debtor.

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