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In Re: MICHAEL J. O'DELL and LINDA A. O'DELL, Debtors. ALANE A. BECKET, D. ALEXANDER BARNES, and BECKET LEE LLP, Appellants, v. MICHAEL J. O'DELL and LINDA A. O'DELL, Appellees.

FINAL ORDER

J. FOY GUIN, JR., United States District Judge.

Pursuant to the memorandum opinion filed contemporaneously herewith the following is ORDERED, ADJUDGED and DECREED:

1) An agent authorized by its principal to pursue and protect the interest of the principal's claim can lawfully defend an objection to said claim on behalf of the principal.
2) The Bankruptcy Court erred in its August 3, 2000, order by holding that Max Flow lacked either standing or legal authority to defend a proof of claim it filed on behalf of MBNA and its assigns; Max Flow does have the authority and standing to do so.
3) Max Flow's conduct in defending the subject proof of claim did not constitute unauthorized practice of law; all of Max Flow's activities were conducted by an attorney.
4) The Bankruptcy Court erred in its August 3, 2000, order by holding that Max Flow's counsel facilitated Max Flow's engagement in the unauthorized practice of law; counsel did not.
5) The conduct of Max Flow and its counsel in defending the proof of claim is NOT sanctionable; it had standing to defend the claim and legal authority to do so.
6) The Bankruptcy Court erred in its September 4, 2000, memorialization of its September 2, 2000, oral order that it did not need to consider Max Flow's "newly discovered evidence" submitted at its motion for reconsideration hearing.
7) The decision of the Bankruptcy Court in In re O'Dell, 251 B.R. 607 (Bankr. N.D. Ala. 2000) is REVERSED.

It is FURTHER ORDERED, ADJUDGED and DECREED that all outstanding motions be and they hereby are DECLARED moot by the entry of this order.

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IN RE O'DELL, (N.D.Ala. 2001)
(Oct 4, 2001)