TRUSTEE’S REPONSE TO CITIZEN BANK’S MOTION FOR RELIEF FROM STAY – PAGE 1

Kent Ries, Attorney at Law 

State Bar No. 16914050

PO Box 3100

Amarillo, Texas 79116

(806) 242-7437

(806) 242-7440 – Fax

kent@kentries.com

COUNSEL FOR TRUSTEE

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF TEXAS

AMARILLO DIVISION

IN RE: §

§

MCCLAIN FEED YARD, INC., et al.,1 § CASE NO. 23-20084-RLJ-7

§

§

Debtors. § Jointly Administered

 

TRUSTEE’S RESPONSE TO CITIZENS BANK’S MOTION FOR RELIEF FROM STAY

TO THE HONORABLE ROBERT L. JONES, BANKRUPTCY JUDGE:

COMES NOW, Kent Ries, Trustee (the “Trustee”) of the referenced Chapter 7 

bankruptcy estates, and files this Response to Citizens Bank’s Motion for Relief from Stay (the 

“Motion”), and in support thereof would respectfully show unto the Court as follows:

1. Debtors filed for relief under Chapter 7 of the United States Bankruptcy Code on 

April 28, 2023. Kent Ries was subsequently appointed and qualified to serve as the Trustee over the 

three bankruptcy estates.

A. The Motion

2. Citizens Bank (“Citizens”), filed its Motion on July 11, 2023, claiming a security 

interest in a 2022 Dodge Ram pickup (the “Vehicle”). The Motion contains an “Affidavit for 

Sworn Account...” that refers to sixteen pages of records from Citizens. These records appear to 

1 The Debtors in these Chapter 7 cases are: McClain Feed Yard, Inc. (Case No. 23-20084-RLJ), McClain Farms, Inc. 

(Case No. 23-20085-RLJ), and 7M Cattle Feeders, Inc. (Case No. 23-20086-RLJ)

Case 23-20084-rlj7 Doc 87 Filed 07/25/23 Entered 07/25/23 11:32:43 Desc Main

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TRUSTEE’S REPONSE TO CITIZEN BANK’S MOTION FOR RELIEF FROM STAY – PAGE 2

include a five-page Retail Installment Contract and Security Agreement (the “Contract”), a ninepage mailing matrix and a two-page proposed order. 

3. The Motion asserts a debt balance of $30,571.29 as of June 28, 2023. The Motion 

makes no mention of the value of the vehicle. It appears the vehicle sale price in the Contract was 

$75,141.10 as of August 8, 2022.

B. Trustee Response 

4. The Motion does not assert in its body, nor in its exhibits, how Citizens is the 

owner of the Contract or a secured creditor of the Debtors.

5. The Motion does not assert in its body, nor in its exhibits, how Citizens is a 

perfected lienholder on the vehicle. Without a perfected lien any security interest of Citizens is 

avoidable by the Trustee. 

6. The Motion ignores the apparent equity of over $40,000.00 based on the sale 

price of the Vehicle less than one year ago and the asserted debt balance. 

WHEREFORE, PREMISES CONSIDERED, Kent Ries, Trustee herein, respectfully

prays for an Order of this Court on Citizen’s Motion for Relief from Stay consistent with the 

above, and for such other relief, at law or in equity, to which the Trustee may show himself 

justly entitled.

Respectfully submitted,

Kent Ries, Attorney at Law

PO Box 3100

Amarillo, Texas 79116

(806) 242-7437

(806) 242-7440-Fax

By: /s/ Kent Ries

 Kent Ries

 State Bar No. 1691450

COUNSEL FOR TRUSTEE

Case 23-20084-rlj7 Doc 87 Filed 07/25/23 Entered 07/25/23 11:32:43 Desc Main

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TRUSTEE’S REPONSE TO CITIZEN BANK’S MOTION FOR RELIEF FROM STAY – PAGE 3

CERTIFICATE OF SERVICE

I certify that on the 25th day of July 2023, a true and correct copy of the foregoing 

response was sent electronically via ECF to the party listed below:

Citizens Bank NA

Shawn K. Brady

Brady Law Firm, PLLC

6136 Frisco Square Blvd, Suite 400

Frisco, Texas 75034

sbrady@brady-law-firm.com

/s/ Kent Ries

Kent Ries

Case 23-20084-rlj7 Doc 87 Filed 07/25/23 Entered 07/25/23 11:32:43 Desc Main

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