First National Mercantile Bank & Trust Co. v. Mammoth Spring Distributing Co. (In re Mammoth Spring Distributing Co.)

ORDER

JAMES G. MIXON, Bankruptcy Judge.

On June 20, 1990, Mammoth Spring Distributing Co., Inc. (debtor) filed a voluntary petition for relief under the provisions of chapter 7 of the Bankruptcy Code. On June 20, 1990, Jill R. Jacoway, Esq., was appointed trustee, and on November 5, 1990, Claude R. Jones, Esq., was appointed successor trustee. On July 2, 1991, First National Mercantile Bank and Trust Company (First National) filed a motion for relief from the automatic stay to foreclose an alleged security interest in a tax refund recovered by the trustee postpetition.

The proceeding before the…