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IN RE HARRIS

Civil Action Nos. 03-T-540-N, 03-T-541-N, 03-T-580-N, 03-T-581-N.

306 B.R. 357 (2004)

In re Christine HARRIS, Citigroup, Inc., et al., Appellants, v. Christine Harris, Appellee. In re Christine Harris, Citigroup, Inc., et al., Appellants, v. Christine Harris, Appellee. In re Clyde And Bertha Hayes, Citigroup, Inc., et al., Appellants, v. Clyde and Bertha Hayes, Appellees. In re Clyde And Bertha Hayes, Citigroup, Inc., et al., Appellants, v. Clyde and Bertha Hayes, Appellees.

United States District Court, M.D. Alabama, Northern Division.

February 27, 2004.

Attorney(s) appearing for the Case

C. Lance Gould, Beasley, Allen, Crow, Methvin, Portis & Miles, PC, James E. Walker, Alabama Law Center, Thomas David Weston, Jr., Campbell, Labudde & Weston, LLC, Thomas J. Methvin, Rodney N. Caffey, Webb, Prescott, Walker, Boyle & Associates LLC, Valerie M. Smedley c/o Gwendolyn Thomas, Kennedy, Montgomery, AL, for Debtors/Appellees.

Michael L. Hall, Reid S. Manley, Derek Firth Meek, Glenn E. Glover, Burr & Forman LLP, Birmingham, AL, for Appellants.

Curtis Cleveland Reding, Jr., Montgomery, AL, trustee.

OPINION

MYRON H. THOMPSON, District Judge.

These consolidated cases on appeal from the bankruptcy court present two related issues: (1) whether the bankruptcy court has jurisdiction to hear a "Tippins actions," that is, a request to enjoin a former debtor from pursuing a state lawsuit when a chapter 13 bankruptcy proceeding involving the same parties and similar claims existed prior to the injunction request; and (2) whether removal from state court...

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