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EVABANK v. BAXTER

Civ.A. No. 02-AR-0083-NE.

278 B.R. 867 (2002)

EVABANK, Appellant, v. Sunny M. BAXTER, Appellee.

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

May 30, 2002.

Attorney(s) appearing for the Case

John R. Lavette, Morris & Lavette PC, Birmingham, AL, for appellant.

John C. Larsen, Bond, Botes, Sykstus & Larsen, Huntsville, AL, for appellee.

MEMORANDUM OPINION AND ORDER ON APPEAL BY EVABANK FROM THE BANKRUPTCY COURT

ACKER, District Judge.

I. INTRODUCTION

EvaBank here appeals the decision of the Bankruptcy Court regarding valuation of its secured claim for purposes of payment under Sunny M. Baxter's ["Debtor"] confirmed chapter 13 plan. Despite arising from a bankruptcy case, the appeal essentially turns on fundamental principles of evidence, the burden of proof and...

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