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In re: MARVALINE M. STANPHILL, Chapter 7, Debtor. FIRST SOUTHERN BANK, a banking Organization, Plaintiff, v. MARVALINE M. STANPHILL, Debtor and TAZEWELL T. SHEPARD, as Trustee for the Bankruptcy Estate of Mar

FINAL JUDGMENT AND ORDER

JACK (JOHN ANDREW) CADDELL, JR., Bankruptcy Judge

This matter came before the Court after notice and a hearing on July 22, 2004, upon opposing motions for summary judgment filed by plaintiff First Southern Bank ("Plaintiff") and defendant Tazewell T. Shepard, Trustee of the Chapter 7 Estate ("Trustee") in the abovecaptioned adversary proceeding. Present and in court were Kevin M. Morris, attorney for the Trustee, and Charles W. Cochran, III, attorney for Plaintiff. Having considered the pleadings, along with the respective motions for summary judgment and all supporting affidavits and exhibits, and in accordance with the accompanying Memorandum Opinion, by the Court it is

ORDERED, ADJUDGED and DECREED that, as to Plaintiff's complaint seeking reformation of a mortgage, final JUDGMENT is hereby ENTERED in favor of the defendant Trustee and the relief requested by Plaintiff therein is DENIED; and it is further

ORDERED, ADJUDGED and DECREED that the Trustee is hereby authorized to conduct a sale of the subject properties by public auction, for the benefit of the unsecured creditors, free and clear of any and all liens and encumbrances on said property which, to the extent valid, will attach to the proceeds; and it is further

ORDERED, ADJUDGED and DECREED that Plaintiff's proof of claim asserting the status of a secured creditor in the bankruptcy case is DENIED, and instead, the claim will be reclassified and allowed as a general unsecured creditor.

DONE and ORDERED.

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IN RE STANPHILL
(Aug 2, 2004)