Fulcher Tire Sales & Service, Inc

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NORTH CAROLINA
NEW BERN DIVISION
IN RE:
FULCHER TIRE SALES & SERVICE, INC.,
DEBTOR
CHAPTER 11
CASE NO. 10-00172-8-RDD
MEMORANDUM OPINION SUPPORTING
ORDER APPOINTING CHAPTER 11 TRUSTEE
Pending before the Court is the Emergency Motion for Appointment of a Chapter 11 Trustee
filed by Branch Banking and Trust Company (“BB&T”) on January 20, 2010 (the “Motion”), the
Response of the United States Bankruptcy Administrator to the Motion of Branch Banking and Trust
Company to Appoint a Chapter 11 Trustee filed by the Bankruptcy Administrator on January 25,
2010 (the “Response”), and the Debtor’s Response to BB&T’s Emergency Motion for Appointment
of a Chapter 11 Trustee filed by Fulcher Tire Sales & Service, Inc. (the “Debtor”) on January 25,
2010 (the “Objection”). The Court conducted a hearing to consider the Motion, the Bankruptcy
Administrator’s Response, and the Objection on February 4, 2010 and February 5, 2010.
For the reasons set forth in the Memorandum Opinion Supporting Order Appointing Chapter
11 Trustee in TAAF, LLC, docketed as case no. 10-00171-8-RDD, the Court having reviewed the
pleadings, the other filings in this case, and the testimony presented, for good cause shown, hereby
SO ORDERED.
SIGNED this 12 day of February, 2010.
________________________________________
Randy D. Doub
United States Bankruptcy Judge
____________________________________________________________
Case 10-00172-8-RDD Doc 58 Filed 02/12/10 Entered 02/12/10 11:29:12 Page 1 of 2

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appoints John Bircher, Esquire, of New Bern, North Carolina, as Chapter 11 Trustee pursuant to 11
U.S.C. § 1104. Furthermore, Mr. Bircher shall exercise all the powers and duties of a trustee as
provided in 11 U.S.C. § 1106(a).
The Debtor, Todd A. Fulcher, and any employees of the Debtor shall fully cooperate with
the Chapter 11 Trustee, including but not limited to, timely providing relevant documents, corporate
books and records, bank statements, insurance binders, or any other information as requested by the
Chapter 11 Trustee.
SO ORDERED.
END OF DOCUMENT
Case 10-00172-8-RDD Doc 58 Filed 02/12/10 Entered 02/12/10 11:29:12 Page 2 of 2