Legal Opinion

Southtrust Bank of Alabama v. Thomas (In Re Thomas)

District Court, N.D. Alabama

Decided September 19, 1988No. Bankruptcy No. 87-01903, Adv. No. 87-0751, Civ. A. No. 88-A-0902-EPublishedCited by 21 opinions

1Opinion of the Court

MEMORANDUM OPINION

ALLGOOD, Senior District Judge.

In this Chapter 13 case, James M. Thomas and Linda P. Thomas (Debtors) filed an adversary proceeding to prevent South Trust Bank of Alabama, N.A. (SouthTrust) from foreclosing on their mobile home in a state court action SouthTrust brought after the stay was terminated under the self-destruct provision of § 362(e) of the Bankruptcy Code. 1 The bankruptcy judge granted summary judgment for the Debtors, leaving them in possession of the mobile home under a confirmed plan which made no provision for paying SouthTrust’s debt which was scheduled as…

2Cases cited34 opinions

  1. United States v. Security Industrial BankSupreme Court of the United States · 1982
  2. In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982
  3. In Re Benjamin Pierce Simmons, Bankrupt. Benjamin Pierce Simmons v. J.T. SavellCourt of Appeals for the Fifth Circuit · 1985
  4. Long and Wife v. BullardSupreme Court of the United States · 1886
  5. Borg-Warner Acceptance Corporation v. Alvin Dewayne Hall and Beverly Jane Hall, A/K/A Beverly Jane CantinCourt of Appeals for the Eleventh Circuit · 1982

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3Cited by21 opinions

  1. In the Matter of Phyllis Maxine Pence, Debtor. Appeal of Pacesetter Bank of MontpelierCourt of Appeals for the Seventh Circuit · 1990
  2. Lee Servicing Co. v. Wolf (In Re Wolf)United States Bankruptcy Court, D. New Jersey · 1993
  3. In Re DennisUnited States Bankruptcy Court, D. New Jersey · 1999
  4. In Re SchafferUnited States Bankruptcy Court, N.D. Illinois · 1994
  5. In Re ThomasCourt of Appeals for the Eleventh Circuit · 1989

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