Legal Opinion

Holloway v. Southeast Alabama Medical Center & Golden Peanut Co. (In Re Holloway)

United States Bankruptcy Court, M.D. Alabama

Decided October 24, 2000No. 15-33245PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM DECISION

WILLIAM R. SAWYER, Chief Judge.

This Adversary Proceeding came before the Court for trial on August 16, 2000. Plaintiff Herbert Holloway was present by counsel Jack W. Smith. Defendant Golden Peanut Company was present by counsel Joseph D. Whitehead. Counsel stipulated to the facts and made legal arguments. The question here is whether confirmation of the Debtor’s Chapter 12 Plan voided the judgment lien of Golden Peanut Company.

FINDINGS OF FACT

On April 7, 1994, Plaintiff Herbert Holloway filed a voluntary Petition in Bankruptcy pursuant to Chapter 12 of the Bankruptcy Code.…

2Cases cited21 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Dewsnup v. TimmSupreme Court of the United States · 1992
  3. Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
  4. In Re Benjamin Pierce Simmons, Bankrupt. Benjamin Pierce Simmons v. J.T. SavellCourt of Appeals for the Fifth Circuit · 1985
  5. Long v. BullardSupreme Court of the United States · 1886

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3Cited by6 opinions

  1. In Re ZimmermanUnited States Bankruptcy Court, C.D. Illinois · 2001
  2. Barnes v. Sawyer (In Re Barnes)United States Bankruptcy Court, M.D. Alabama · 2005
  3. Holloway v. Southeast Alabama Medical Center (In Re Holloway)District Court, M.D. Alabama · 2001
  4. Golden v. Carrington Mortgage Services LLC (In re Golden)United States Bankruptcy Court, M.D. Alabama · 2017
  5. James Stacey Conley and Angela Marie ConleyUnited States Bankruptcy Court, S.D. Alabama · 2025

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