IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE NORTHERN DISTRICT OF TEXAS

AMARILLO DIVISION 

IN RE:

McCLAIN FEED YARD, INC.,

Debtor.

CASE NO. 23-20084-7-rlj

Chapter 7

IN RE:

McCLAIN FARMS, INC.,

Debtor.

CASE NO. 23-20085-7-rlj

Chapter 7

IN RE:

7M CATTLE FEEDERS, INC., 

Debtor.

CASE NO. 23-20086-7-rlj

Chapter 7

AGREED ORDER GRANTING RABO AGRIFINANCE LLC’S MOTION FOR RELIEF 

FROM THE AUTOMATIC STAY

United States Bankruptcy Judge

Signed June 23, 2023

______________________________________________________________________

The following constitutes the ruling of the court and has the force and effect therein described.

Case 23-20085-rlj7 Doc 78 Filed 06/23/23 Entered 06/23/23 16:55:36 Desc Main

Document Page 1 of 5
2

This matter came before the Court on June 21, 2023 for a hearing on Rabo’s Motion for 

Relief from the Automatic Stay (the “Motion”) that has been filed in all three of the above-entitled 

Chapter 7 cases by Rabo AgriFinance LLC (“Rabo”). Prior to the hearing, the Court carefully 

considered the Motion and all responses filed thereto. At the hearing, the parties announced an 

agreement had been reached by those who had filed responses to the Motion and the Court found

that the Motion was well-taken, and that the relief requested therein should be granted. 

Based upon the foregoing, pursuant to 11 U.S.C. § 362, Federal Rule of Bankruptcy 

Procedure 4001, and Local Rule 4001-1, and for good cause shown, IT IS HEREBY ORDERED 

as follows:

1. The Motion shall be, and it hereby is, granted in all three cases as to all three 

Debtors and their bankruptcy estates.

2. The automatic stay of 11 U.S.C. § 362 is hereby terminated and lifted with respect 

to the real property, improvements, fixtures, water rights and other property (collectively, the 

“Real Property”) described in those certain Deeds of Trust, Assignments of Rents and Security 

Agreements (Deaf Smith and Parmer Counties, Texas) that are attached at Exhibits “A” through 

“D” to the Motion, and the automatic stay, for cause pursuant to Section 362(d)(1) of the 

Bankruptcy Code, and Rabo is hereby authorized (but not directed) to repossess and foreclose 

upon, sell, or otherwise liquidate its alleged interest in the Real Property pursuant to nonbankruptcy law, without further order of the Court.

3. The automatic stay of 11 U.S.C. § 362 is also hereby terminated and lifted with 

respect to any and all equipment and fixtures (excluding only titled equipment or fixtures or any 

Case 23-20085-rlj7 Doc 78 Filed 06/23/23 Entered 06/23/23 16:55:36 Desc Main

Document Page 2 of 5
3

computers, laptops, phones, thumb drives or any other equipment that would contain any of the 

Debtors’ records) (collectively, the “Equipment”) owned by any of the above-entitled Debtors, 

including but not limited to the Exhibit described and identified in Exhibits “E” through “G” of 

the Moton, and Rabo is hereby authorized (but not directed) to repossess and foreclose upon, 

sell, or otherwise liquidate its alleged interest in the Equipment pursuant to non-bankruptcy law, 

without further order of the Court.

4. Nothing set forth herein shall constitute a determination or finding concerning 

the lien validity or priority of Rabo and any other creditor or party in interest with respect to the 

Equipment, including but not limited to the lien priority between Rabo and Caterpillar Financial 

Services Corporation, Northland Capital Financial Services or First Kentucky Bank with 

respect to the specific items of Equipment that those creditors assert senior liens against, and 

lien priority in the Equipment shall be determined in conformance with applicable nonbankruptcy law, including applicable provisions of the Uniform Commercial Code.

5. Rabo shall cooperate with Caterpillar Financial Services Corporation, Northland 

Capital Financial Services, and First Kentucky Bank in any liquidation of the Equipment and in 

the distribution of the proceeds of the Equipment in accordance with the lien priorities 

established by applicable non-bankruptcy law.

6. Nothing set forth herein shall constitute (a) a release or waiver of any claims or 

causes of action that the Trustee, the estates or any party in interest may have against Rabo 

arising out of or related to the Debtors or their assets or property, or (b) any claims or causes of 

action that Rabo may have against the Trustee, the estates or any party in interest arising out of 

Case 23-20085-rlj7 Doc 78 Filed 06/23/23 Entered 06/23/23 16:55:36 Desc Main

Document Page 3 of 5
4

or related to the Debtors or their assets or property.

7. Nothing set forth herein shall constitute findings or conclusions sufficient to 

invoke the doctrines of res judicata or collateral estoppel either by or against Rabo or to 

preclude or bar any claims or causes of action by or against Rabo.

8. The fourteen (14) day stay period established by Federal Rule of Bankruptcy 

Procedure 4001(a)(3) is hereby waived, and this Order shall take effect immediately upon its 

entry on the Court’s docket.

#############################END OF ORDER################################

Order Submitted by:

/s/ Michael R. Johnson Dated: June 23, 2023

Michael R. Johnson

RAY QUINNEY & NEBEKER P.C.

36 South State Street, Suite 1400

Salt Lake City, Utah 84111

Telephone: (801) 532-1500

Facsimile: (801) 532-7543

Email: mjohnson@rqn.com

Approved as to Form:

/s/ Kent Ries, Trustee (with Permission) Dated: June 23, 2023

Kent Ries, Chapter 7 Trustee

kent@kentries.com

Case 23-20085-rlj7 Doc 78 Filed 06/23/23 Entered 06/23/23 16:55:36 Desc Main

Document Page 4 of 5
5

/s/ Michelle D. Esparza (with Permission) Dated: June 23, 2023

John R. Nelson

Michelle D. Esparza

jnelson@dickinsonwright.com

mesparza@dickinsonwright.com

Attorneys for Caterpillar Financial Services Corporation

/s/ Nicole E. Gorovsky (with Permission) Dated: June 23, 2023

Nicole E. Gorovskyngorovsky@jenkinskling.com

Daniel P. Callahan

dcallahan@kesslercollins.com

Attorneys for Northland Capital Financial Services, LLC

/s/ Tom Blankenship (with Permission) Dated: June 23, 2023

Tom Blankenship

tom@bedlaw.com

Attorneys for First Kentucky Bank

Case 23-20085-rlj7 Doc 78 Filed 06/23/23 Entered 06/23/23 16:55:36 Desc Main

Document Page 5 of 5