Spears et al v. Reding

Filing 16

JUDGMENT: In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court that the decision by the Bankruptcy Court of the Middle District of Alabama sustaining the objection of appellee Curtis C. Redin g to confirmation of appellants Samuel A. and Olga P. Spears's Chapter 13 bankruptcy plan is vacated and this case is remanded for further proceedings not inconsistent with the opinion of this court. It is further ORDERED that costs are taxed ag ainst appellee Reding, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. Signed by Honorable Myron H. Thompson on 9/24/2009. (Attachments: #(1) Civil Appeals Checklist) Copy furnished to Clerk, U. S. Bankruptcy Court, Middle District of Alabama. (dmn)

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION IN RE: SAMUEL A. SPEARS and OLGA P. SPEARS Debtors. SAMUEL A. SPEARS and OLGA P. SPEARS, Appellants, v. CURTIS C. REDING, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 3:09cv31-MHT (WO)

JUDGMENT In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court that the decision by the Bankruptcy Court of the Middle District of Alabama sustaining the objection of appellee Curtis C. Reding to confirmation of appellants Samuel A. and Olga P. Spears's Chapter 13 bankruptcy plan is vacated and this case is remanded for further

proceedings not inconsistent with the opinion of this court.

It is further ORDERED that costs are taxed against appellee Reding, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. DONE, this the 24th day of September, 2009.

/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE