First Southern Bank v. Stanphill (In Re Stanphill)

MEMORANDUM OPINION

JACK CADDELL, Bankruptcy Judge.

This matter came before the Court to be heard on cross motions for summary judgment filed in the above-styled adversary proceeding brought by plaintiff First Southern Bank (“Plaintiff’) seeking refor mation of a mortgage executed by debtor, Marvaline M. Stanphill (“Debtor”) in favor of Plaintiff. Defendant, Tazewell T. Shepard, Trustee of the Chapter 7 Estate of Marvaline Stanphill (“Trustee”), filed an answer with counterclaims seeking an order from this Court authorizing a sale of the subject properties by public auction, and reclassifying…