MEMORANDUM OPINION JACK CADDELL, Bankruptcy Judge. This case is before the Court on the parties' cross-motions for summary judgment. Both parties filed excellent briefs and after consideration of same, the Court finds that Redstone's judgment lien recorded on February 2, 2004 is primed by Regions Bank's second mortgage lien recorded on June 14, 2002 despite the typographical error contained in the mortgage. As explained in the case of Aucoin v. Aucoin, 727 So.2d 824 (Ala.Civ.App.1998), a...
MEMORANDUM OPINION JACK CADDELL, Bankruptcy Judge. United Service Protection Corporation and United Service Protection, Inc. (collectively "USP") and Columbus Bank & Trust ("CB & T") assert competing claims to approximately $53,346 being held in one of the Bill Heard debtors' general operating accounts maintained at CB & T. CB & T argues that it has a right to setoff the funds against prepetition obligations owed by the Bill Heard debtors. USP asserts that it is entitled to a constructive...
MEMORANDUM OPINION JAMES J. ROBINSON, Bankruptcy Judge. The Debtor's chapter 13 plan (Doc. 29 and herein the "Plan") came before the Court for confirmation, and although the Plan was confirmed, the Confirmation Order (Doc. 52) reserved ruling on whether confirmation should include the atypical provisions in the Plan that purported to apply to mortgage creditors (the "Mortgage Provisions"). The Standing Chapter 13 Trustee for this Division, Linda B. Gore, supported the inclusion of the...
