Memorandum Opinion on Application of Stays of 11 U.S.C. 362(a) & 11 U.S.C. 922(a) to Proposed Lawsuit Regarding Cooper Green Mercy Hospital THOMAS B. BENNETT, Bankruptcy Judge. Before the Court are requests for (1) a determination with respect to Jefferson County's hospital property, Cooper Green Mercy Hospital, that the automatic stays of 11 U.S.C. 362(a) and 922(a) (collectively, "the Automatic Stays") do not apply to actions sought to be taken by the City of Birmingham, Alabama,...
Amended Memorandum Opinion On Net Revenues And Applicability of 11 U.S.C. 928(b) THOMAS B. BENNETT, Bankruptcy Judge. This declaratory judgment action is the reaction of The Bank of New York Mellon and those joining it as plaintiffs to a stance taken by Jefferson County, Alabama (hereinafter sometimes the County). The stand taken by the County is that the monthly withholding of millions of dollars that had not been, to the degree and scope now argued by the County, if at all, part of the...
MEMORANDUM OPINION JACK CADDELL, Bankruptcy Judge. This case is before the Court on a motion filed by Wells Fargo to lift the stay on real property pursuant to 11 U.S.C. 362(d). The debtor owns certain real property commonly referred to as DRW Farms as a joint tenant with the right of survivorship with Patty S. Williams ("P. Williams"). The property is used to operate a poultry farm. The debtor and P. Williams are indebted to Wells Fargo pursuant to a commercial mortgage note and a...
MEMORANDUM OPINION AND ORDER TAMARA O. MITCHELL, Bankruptcy Judge. This bankruptcy case is before the Court following the June 29, 2012 hearing on the Bankruptcy Administrator's Motion to Dismiss or Convert the case to one under chapter 13 with the Debtors' consent. Appearing before the Court were David Murphree, counsel for the Debtors; Jon Dudeck, counsel for the Bankruptcy Administrator; and the Debtors. This Court has jurisdiction pursuant to 28 U.S.C. 1334(b), 151, and 157(a) and the...
Memorandum Opinion On Net Revenues And Applicability of 11 U.S.C. 928(b) THOMAS B. BENNETT, Bankruptcy Judge. This declaratory judgment action is the reaction of The Bank of New York Mellon and those joining it as plaintiffs to a stance taken by Jefferson County, Alabama (hereinafter sometimes the County). The stand taken by the County is that the monthly withholding of millions of dollars that had not been, to the degree and scope now argued by the County, if at all, part of the...
MEMORANDUM OPINION BENJAMIN COHEN, Bankruptcy Judge. I. Background The plaintiff filed a complaint against Bruno's (now known as BFW Liquidation, LLC) and Southern Family Markets (formally know as Southern Family Markets Acquisition II LLC) on January 17, 2011. 1 Bruno's filed a motion to dismiss count five of that complaint on February 17, 2011. A.P. Docket No. 6. 2 Southern Family filed a motion to dismiss the entire complaint on February 18, 2011. A.P. Docket No. 9. The plaintiff filed...
MEMORANDUM OPINION ON ELIGIBILITY OF JEFFERSON COUNTY, ALABAMA UNDER 11 U.S.C. 109(C) THOMAS B. BENNETT, Bankruptcy Judge. Amasa Coleman Lee, the father of Harper Lee, is famous for being the inspiration behind Atticus Finch in To Kill a Mockingbird, but he should also be remembered for his work in the Alabama Legislature. Although a newly elected member of the Alabama Legislature, A.C. Lee chaired the Recess Bond Law's Committee in 1927 and he continued to lead the state in revising...
MEMORANDUM OPINION (as amended with respect to Footnote 9) THOMAS B. BENNETT, Bankruptcy Judge. I. Overview: The Parties, Positions Taken, Relief Requested, and Outcome This Court is confronted by motions filed by The Bank of New York Mellon, as the Indenture Trustee for holders of warrants (Indenture Trustee) issued by Jefferson County, Alabama (hereinafter occasionally referenced as "the County"), and John S. Young, Jr. LLC, as Receiver of Jefferson County's sewer system properties (...
MEMORANDUM OPINION THOMAS B. BENNETT, Bankruptcy Judge. I. Overview: The Parties, Positions Taken, Relief Requested, and Outcome This Court is confronted by motions filed by The Bank of New York Mellon, as the Indenture Trustee for holders of warrants (Indenture Trustee) issued by Jefferson County, Alabama (hereinafter occasionally referenced as "the County"), and John S. Young, Jr. LLC, as Receiver of Jefferson County's sewer system properties (the Receiver), which have been either...
