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Shawn K. Brady

BRADY LAW FIRM, PLLC

6136 Frisco Square Blvd., Suite 400

Frisco, Texas 75034

(469) 287-5484 Telephone

ATTORNEY FOR CITIZENS BANK NA

UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF TEXAS

AMARILLO DIVISION

IN RE: § CASE NO. 23-20084-rlj7

§

McCLAIN FEED YARD, INC. et al.,1 § HEARING: August 16, 2023

§ AT 1:30 P.M.

§

Debtors. § Jointly Administered

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)

MOTION FOR RELIEF FROM STAY

TO THE HONORABLE U.S. BANKRUPTCY JUDGE:

ANSWER REQUIRED: PURSUANT TO LOCAL BANKRUPTCY RULE 4001-1(b), A 

RESPONSE IS REQUIRED TO THIS MOTION, OR THE ALLEGATIONS IN THE MOTION 

MAY BE DEEMED ADMITTED, AND AN ORDER GRANTING THE RELIEF SOUGHT 

MAY BE ENTERED BY DEFAULT.

ANY RESPONSE SHALL BE IN WRITING AND FILED WITH THE CLERK OF THE 

UNITED STATES BANKRUPTCY COURT AT U.S. COURTHOUSE, 205 SOUTHEAST 5TH

AVE., ROOM 133, AMARILLO, TEXAS 79101. ON OR BEFORE THE CLOSE OF BUSINESS 

ON JULY 25, 2023, WHICH IS AT LEAST 14 DAYS FROM THE DATE OF SERVICE 

THEREOF. A COPY SHALL BE SERVED UPON COUNSEL FOR THE MOVING PARTY 

AND ANY TRUSTEE OR EXAMINER APPOINTED IN THE CASE. ANY RESPONSE 

SHALL INCLUDE A DETAILED AND COMPREHENSIVE STATEMENT AS TO HOW THE 

MOVANT CAN BE “ADEQUATELY PROTECTED” IF THE STAY IS TO BE CONTINUED.

COMES NOW, Citizens Bank NA, Movant, shows this Court as follows:

(1) This is a motion pursuant to §362 of the Bankruptcy Code to modify the automatic 

stay effected by filing the above-stated Debtor’s petition under Chapter 7 of the Bankruptcy Code 

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 79 Filed 07/11/23 Entered 07/11/23 13:20:09 Desc Main

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in this division of this district, which case has been assigned Bankruptcy Case Number 23-20084-

rlj7, seeking an Order from the Court modifying the stay for cause.

(2) The jurisdiction of this Court is founded in 28 U.S.C. §1334. This is a core 

proceeding under 28 U.S.C. §157(b)(2)(G).

(3) Citizens Bank NA has a lien against a 2022 RAM 4500; VIN# 

3C7WRLEL1NG300592. 

(4) The payoff balance as of June 28, 2023, was the sum of $30,571.29. The amount 

past due as of the payoff date was $2,397.30.

(5) Debtor does not identify Citizens Bank NA in the Petition or List of Creditors. 

Further, Debtor has not stated its intent regarding the above collateral.

(6) Fundamentally, this secured creditor has not been receiving the indubitable 

equivalent of the cash value of the depreciation of its collateral and is not adequately protected.

(7) The Movant is the holder of a secured claim against Debtor.

(8) The Movant has a valid security interest in the above-stated property to secure said 

indebtedness remaining on the purchase price of said property, all of which is shown by the Retail 

Installment Contract and Security Agreement, a true and correct copy of which is attached hereto 

as Exhibit “A”.

(9) The Movant is not afforded adequate protection of its interest in the above-stated 

property in that there has been and will continue to be a decrease in the value of the Movant’s 

interest in the above-stated property. The property will continue to depreciate, and the Debtor is 

not making any periodic cash payment to the Movant to the extent of such decrease in value nor 

has there been any additional replacement lien provided the Movant to the extent of such decrease 

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in value and potential for loss and the Movant is not realizing the indubitable equivalent of the 

Movant’s interest in the above-stated property.

WHEREFORE, PREMISES CONSIDERED, Movant prays for an Order modifying the 

automatic stay, payment of all attorney’s fees and costs as incurred herein, and granting such other 

further relief as is just and proper.

Respectfully submitted,

 

/s/Shawn K. Brady

Shawn K. Brady

Texas Bar No. 00787126

BRADY LAW FIRM, PLLC

6136 Frisco Square Blvd., Suite 400

Frisco, Texas 75034

(469) 287-5484 Telephone

E-Mail: sbrady@brady-law-firm.com

Attorney for Citizens Bank NA

CERTIFICATE OF CONFERENCE

I hereby certify that on July 11, 2023, my staff emailed Debtor’s attorney. At the time of 

filing, no agreement has been reached.

/s/Shawn K. Brady 

 Shawn K. Brady

CERTIFICATE OF SERVICE

On July 11, 2023, a true and correct copy of the foregoing Motion for Relief from Stay was 

delivered by first class mail to the Debtor McClain Farms, Inc., 824 Mullin Lane, Benton, KY 

42052; by ECF to the Debtor’s attorney of record, Max Ralph Tarbox, 2301 Broadway, Lubbock, 

Texas 79401; by ECF to the Chapter 7 Trustee, Kent David Ries, P.O. Box 3100, Amarillo, Texas 

79116; by ECF to the U.S. Trustee, 1100 Commerce Street, Room 976, Dallas, Texas 75202; and 

by ECF to all parties listed in attached Matrix who have filed a notice of appearance or request for 

notice in this case.

/s/Shawn K. Brady 

 Shawn K. Brady

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AFFIDAVIT FOR SWORN ACCOUNT AND FOR ADMISSION OF BUSINESS 

RECORDS RULE 803(6) FEDERAL RULES OF EVIDENCE AND TITLE 28

SECTION 1732 U.S. CODE, JUDICIARY AND JUDICIAL PROCEDURE

STATE OF TEXAS, §

§

COUNTY OF COLLIN. §

BEFORE ME, the undersigned authority, on this day personally appeared SHAWN K. 

BRADY, who, being by me duly sworn, deposed as follows:

“My name is SHAWN K. BRADY. I am over the age of 18, of sound mind, capable of 

making this affidavit, and personally acquainted with the facts herein stated:

“I am the attorney and the custodian of the records of Citizens Bank NA, (hereinafter 

‘Citizens’) concerning the account of McClain Farms. Attached hereto are sixteen (16) pages of 

records from Citizens. These said sixteen (16) pages of records are kept by Citizens in the regular 

course of business, and it was the regular course of business of Citizens for an employee or 

representative of Citizens, with knowledge of the act, event, condition, opinion, or diagnosis, 

recorded to make the record or to transmit information thereof to be included in such record; and 

the record was made at or near the time or reasonably soon thereafter. The records attached hereto 

are the original or exact duplicates of the original.”

/s/Shawn K. Brady 

Shawn K. Brady 

SUBSCRIBED AND SWORN TO BEFORE ME on July 11, 2023, to which witness my 

hand and official seal.

“Notary Seal” /s/Shelly Godwin

Notary ID 10703982 Notary Public, in and for the

My Commission Expires: September 9, 2026 State of Texas

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