Mims v. Fidelity Funding, Inc.

MEMORANDUM OPINION AND ORDER

SOLIS, District Judge.

Before the Court is Brief of Appellant Jeffrey H. Mims, Chapter 7 Trustee of Auto International Refrigeration, Inc. (“Appellant”) filed July 1, 2002, response brief and cross-appeal of Guaranty Business Credit Corporation (“GBCC”) d/b/a Fidelity Funding, Inc. (“Fidelity”) filed July 22, 2002, and Appellant’s reply brief filed August 5, 2002.

Appellant and Cross-Appellant seek reversal of a March 15, 2002 Bankruptcy Court Order holding the loan at issue was not usurious, GBCC did not breach the loan agreement, equitable subordination was not…