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MATTER OF SPAIN

Bankruptcy No. BK 79 3543, Adv. No. 83 1122.

83 B.R. 61 (1988)

In the Matter of William Harold SPAIN, Debtor. John P. WHITTINGTON, Trustee of the Estate of William H. Spain, Plaintiff, v. GILBRALTER SAVINGS & LOAN ASSOCIATION, North Shelby County Fire District, Tax Collector of Shelby County, and Mary P. Spain, Defendants.

United States Bankruptcy Court, N.D. Alabama, S.D.

February 5, 1988.

Attorney(s) appearing for the Case

Milton G. Garrett, Birmingham, Ala., for debtor.

John P. Whittington, Birmingham, Ala., trustee.

J.N. Holt, Birmingham, Ala., for trustee.

Toffel & Wainscott, Birmingham, Ala., for Mrs. Spain.

MEMORANDUM OPINION

STEPHEN B. COLEMAN, Bankruptcy Judge.

The mystery in this case is, "where is Mrs. Spain's right of survivorship?" and if she has lost it, "how did she do it"?

An apology must go to the Court of Appeals for not properly bringing before the Court the facts which rival the confusion discussed by Dickens in his novel, Bleak House. There were many ways to decide this case, but the Court conceived that the unanswered question...

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