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IN RE MATOS

Civ. A. No. CV85-PT-0927-S.

50 B.R. 742 (1985)

In re Eliseo J. MATOS and Margarette W. Matos, Debtors. Eliseo J. MATOS and Margarette W. Matos, Appellants, v. GWINNETT BANK & TRUST CO., Appellee.

United States District Court, N.D. Alabama, S.D.

June 26, 1985.

Attorney(s) appearing for the Case

J.N. Holt & Kent Upshaw, Birmingham, Ala., for appellants.

Dannie Ray Davis, Birmingham, Ala., for appellee.

MEMORANDUM OPINION

PROPST, District Judge.

This cause comes to be heard on an appeal from the United States Bankruptcy Court for the Northern District of Alabama. On November 1, 1984, the Bankruptcy Court held that the mortgage involved herein, although recorded in violation of Ala.Code § 35-4-110 (1975), is valid against the debtors-in-possession. On November 27, 1984, the Bankruptcy Court by separate order, granted appellees relief from the stay pursuant...

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