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IN RE SMOOT

Bankruptcy No. 88-07774, Adv. No. 90-00827.

134 B.R. 960 (1991)

In re Rosa SMOOT, Debtor. Rosa SMOOT, Plaintiff, Mavis Willingham, Trustee, Intervenor, v. SOUTHTRUST MOBILE SERVICES, INC., Defendant.

United States Bankruptcy Court, N.D. Alabama.

December 27, 1991.

Attorney(s) appearing for the Case

Frank LaBudde, Anniston, Ala. and Harvey Campbell, Scottsboro, Ala., for plaintiff.

Carlos Heaps and Allen Ramsey, Birmingham, Ala., for defendant.

OPINION

JAMES S. SLEDGE, Bankruptcy Judge.

Undisputed Procedural and Substantive Facts

In this chapter 13 case, SouthTrust Mobile Services, Inc. (SMSI) seeks to expand the holding of In re Thomas, 883 F.2d 991 (11th Cir.1989). Rosa Smoot (debtor) filed a petition for relief under chapter 13, title 11, United States Code, on August 15, 1988. SMSI was listed in the schedule of creditors and had actual...

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