David L. LeBas, SBN 12098600

Rachel Barr, SBN 24118185

dlebas@namanhowell.com

rbarr@namanhowell.com

NAMAN HOWELL SMITH & LEE PLLC

8310 N. Capital of Texas Highway, Ste. 490

Austin, Texas 78731

Ph. (512) 479-0300

Fax (512) 474-1901

ATTORNEYS FOR AGTEXAS FARM CREDIT SERVICES,

AGTEXAS, PCA AND 

THORLAKSON DIAMOND T FEEDERS, LP

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 Administered1

AGTEXAS FARM CREDIT SERVICES, AG TEXAS PCA, AND 

THORLAKSON DIAMOND T FEEDERS, LP’S RESPONSE IN OPPOSITION TO 

MOTION TO TRANSFER VENUE

TO THE HONORABLE ROBERT L. JONES, BANKRUPTCY JUDGE:

COMES NOW, AgTexas Farm Credit Services, AgTexas PCA (“AgTexas”), and Thorlakson 

Diamond T. Feeders, LP (“Thorlakson”), Creditors and parties in interest to the above-entitled 

Chapter 7 cases, and files this Response in Opposition to the Motion to Transfer Jointly Administered 

Cases [Docket No. 82] (the “Motion to Transfer”), and would respectfully show the Court as follows:

1. Thorlakson purchased thousands of cattle from McClain Feed Yard Inc. or 7M Cattle 

Feeders, Inc., during at least the one year period before the filing of these cases. These cattle were 

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)

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Response in Opposition – Page 2 101049-0002 4860-8522-9172v1

placed for feeding until they were ready for sale to a purchaser to place cattle in a finishing feedyard 

at one of the two locations operated by these Debtors in Texas. The cattle were held in these two 

locations in Texas for approximately 100 days before they were sold and delivered for placement in 

finishing feedyards.

2. All of the physical operations concerning these cattle after they were placed in the 

possession of the Debtor’s occurred in Texas.

3. Following the news of the Debtor’s financial difficulties, AgTexas and Thorlakson

inspected the Debtors’ locations in Texas, and found very few of their cattle.

4. AgTexas and Thorlakson have, through counsel, read the oppositions to the Motion 

to Transfer. Although the oppositions filed by the Trustee [Docket No. 95], by Rabo Agrifinance 

[Docket No. 90], and by the Debtors [Docket No. 88] refer to facts not in the possession of AgTexas 

or Thorlakson, the arguments made appear to be sound and are adopted by reference.

5. To the extent that records and witnesses are available, AgTexas and Thorlakson

believe the majority of these records exist or reside in the State of Texas.

6. The Bankruptcy Court which has jurisdiction over these cases, and the Trustee to 

whom administration of these cases has been assigned, have substantial experience in cattle cases 

such as this one.

7. Transferring this case to Kentucky would cause unnecessary expense to AgTexas and 

Thorlakson, such as the cost to engage new counsel, or local counsel, plus travel expenses and similar 

expenses associated with additional counsel. 

WHEREFORE, AgTexas and Thorlakson respectfully request that the Court deny the Motion 

to Transfer Venue.

DATED this 9th day of August, 2023.

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Response in Opposition – Page 3 101049-0002 4860-8522-9172v1

NAMAN HOWELL SMITH & LEE PLLC

8310 N. Capital of Texas Highway, Ste. 490

Austin, Texas 78731

Ph. (512) 479-0300

Fax (512) 474-1901

dlebas@namanhowell.com

By: /s/ David L. LeBas

David L. LeBas

SBN 12098600

CERTIFICATE OF SERVICE

I hereby certify that on August 9th, 2023, the foregoing document was filed with the Clerk 

of the Court in each of the foregoing Chapter 7 cases using the CM/ECF system, which sent notice 

of electronic filing to all electronic filing users in each case.

/s/ David L. LeBas

 David L. LeBas

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