Mossy Dell, Inc. v. AB & T National Bank (In re Beauchamp)

ORDER

W. LOUIS SANDS, District Judge.

Presently pending before the Court is Appellant Mossy Dell Inc.’s (“Mossy Dell”) appeal of the United States Bankruptcy Court for the Middle District of Georgia’s November 28, 2012 Memorandum Opinion holding that a transfer restriction on Mossy Dell’s stock was invalid and unenforceable under Georgia law. (See Doc. 1.) For the reasons discussed below, the Court concludes that the Bankruptcy Court’s Memorandum Opinion is AFFIRMED-IN-PART AND REVERSED-IN-PART.

BACKGROUND

On December 28, 1972, Robert B. Lee and Flora S. Lee incorporated Flo-Rob, Inc. (“Flo-Rob”)…