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IN RE STACY

Civ. A. No. 94-AR-0238-E. Bankruptcy No. 93-41146.

167 B.R. 243 (1994)

In re Lavell STACY, Debtor. STACY FUEL AND SALES, INC., Appellant, v. IRA PHILLIPS, INC., Appellee. STACY FUEL & SUPPLY, INC., Appellant, v. Lavell STACY, Appellee.

United States District Court, N.D. Alabama, Eastern Division.

April 19, 1994.

Attorney(s) appearing for the Case

Harry P. Long, Anniston, AL, for Stacy Fuel and Sales, Inc.

Charles D. Martin, McCord & Martin, Gadsden, AL, for Lavell Stacy.

Jack W. Torbert, Torbert & Torbert, Gadsden, AL, for Ira Phillips, Inc.

MEMORANDUM OPINION

ACKER, District Judge.

Procedural History

On May 13, 1993, Lavell Stacy filed a voluntary petition for Chapter 11 bankruptcy in the United States Bankruptcy Court for the Northern District of Alabama. Appellee, Ira Phillips, Inc., which held a mortgage on real estate owned by the debtor, on May 19, 1993, filed a motion for relief from the automatic stay, seeking permission to foreclose on Stacy's property. Stacy Fuel and...

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