Legal Opinion

Goldsby v. Stewart

District Court, S.D. Alabama

Decided March 25, 1983No. Civ. A. 82-1140-PPublishedCited by 11 opinions

1Opinion of the Court

ORDER ON BANKRUPTCY APPEAL

PITTMAN, Senior District Judge.

This cause came to be heard upon the appeal of the plaintiffs-debtors from an order of the Bankruptcy Court dated September 24, 1982. Bankruptcy Case No. 81-00514.

This court has jurisdiction of the appeal. Bankruptcy Rule 802(a), Title 11 U.S.C.

This court heard oral argument on January 13, 1983, on the two issues which are attached hereto as an appendix.

The Bankruptcy Judge’s findings of fact are not contested. Where the questions presented are solely legal ones, no presumption of correctness applies and the district court will make an…

2Cases cited5 opinions

  1. In the Matter of Rex L. Hammons, Bankrupts. Borg-Warner Acceptance Corporation v. Fedders Financial CorporationCourt of Appeals for the Fifth Circuit · 1980
  2. Randolph v. LittleSupreme Court of Alabama · 1878
  3. Ely v. BlackerSupreme Court of Alabama · 1895
  4. Block v. GeorgeSupreme Court of Alabama · 1887
  5. Love v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1934

3Cited by11 opinions

  1. In Re DudaUnited States Bankruptcy Court, D. Connecticut · 1995
  2. In Re Whalen-GriffinUnited States Bankruptcy Court, D. Massachusetts · 1997
  3. Commissioner of Revenue for the Massachusetts v. First Software Corp. (In Re First Software Corp.)District Court, D. Massachusetts · 1988
  4. In Re MorzellaUnited States Bankruptcy Court, D. Connecticut · 1994
  5. In Re ResterDistrict Court, S.D. Alabama · 1984

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