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BANK OF MISSISSIPPI v. KNIGHT

No. Civ.A. 3:98-CV-204BN.

222 B.R. 102 (1998)

BANK OF MISSISSIPPI, Appellant, v. Frederick D. KNIGHT, Posie C. Knight, Malaco, Inc., a Mississippi Corporation, Couch & Madison, a Mississippi Partnership, Appellees.

United States Bankruptcy Court, S.D. Mississippi, Jackson Division.

July 7, 1998.

Attorney(s) appearing for the Case

S. Dennis Joiner, Joiner & Polk, Jackson, MS, for Frederick D. Knight and Posie C. Knight.

A.L. Alvis, III, Riley, Ford, Caldwell & Cork, Tupelo, MS, Elias Lake Tolbert, Riley, Ford, Caldwell & Cork, Jackson, MS, for Bank of Mississippi.

Robert A. Malouf, Jackson, MS, for Malaco, Inc. and Couch & Madison.

Ronald McAlpin, Jackson, MS, trustee.

Robert G. Nichols, Jr., Jackson, MS, trustee.

OPINION AND ORDER

BARBOUR, District Judge.

Bank of Mississippi filed this declaratory judgment action in the United States Bankruptcy Court for the Southern District of Mississippi seeking a determination that a 1995 default judgment entered in its favor was valid against the Debtor Frederick D. Knight. The bankruptcy court held that the Bank of Mississippi did not have a valid money judgment because the original 1988 default judgment was void for...

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