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JeffCo Bessemer Cutoff

JeffCo Bessemer Cutoff

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Published by Kyle Whitmire

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Published by: Kyle Whitmire on Sep 06, 2012
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09/06/2012

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IN THE UNITED STATES BANKRUPTCY COURTFOR THE NORTHERN DISTRICT OF ALABAMASOUTHERN DIVISIONIn re:))JEFFERSON COUNTY, ALABAMA,)Case No. 11-05736-TBB9a political subdivision of the State of )Alabama,)Chapter 9)Debtor.)OBJECTION TO MOTIONTO APPROVE THE COUNTY’S REJECTION OF THE BESSEMERCOURTHOUSE LEASE PURSUANT TO 11 U.S.C. §365(A)
The City of Bessemer, Alabama, a municipal corporation, being a political subdivision of the State of Alabama (“Bessemer”), a creditor in the above styled action, the City of Hueytown,Alabama, a municipal corporation, being a political subdivision of the State of Alabama(“Hueytown”), Andrew Bennett, the Deputy Tax Assessor of the Bessemer Division of JeffersonCounty, Alabama, Doris Britton, the Deputy Treasurer of the Bessemer Division of JeffersonCounty, Alabama, Grover Dunn, the Deputy Tax Collector of the Bessemer Division of JeffersonCounty, Alabama, Arthur Green, the Deputy District Attorney for the Bessemer Division of Jefferson County, Alabama, Benny Watson, Circuit Clerk for the Bessemer Division of JeffersonCounty, Alabama. Earl Carter, Absentee Ballot Voting Commissioner of the Bessemer Division of Jefferson County, Alabama, Matthew Howard, an African-American absentee voter residing in theBessemer Division of Jefferson County, Alabama, collectively referred to as the (“BessemerObjectors”) and hereby object to Jefferson County, Alabama (the County) motion pursuant to 11U. S. C. §§365(a) & 901(a) and Rule 6006 of the Federal Rules of Bankruptcy Procedure that theCourt enter an Order allowing the County to reject the Lease Agreement (the “Lease”) datedAugust 1, 2006, between the Jefferson County Public Building Authority, a public corporation (the
Case 11-05736-TBB9 Doc 1276 Filed 09/05/12 Entered 09/05/12 17:07:53 DescMain Document Page 1 of 4
 
“JCPBA”) and the County for Courthouse and jail facilities located in Bessemer, Alabama, asfollows:1.Contrary to the position taken by the County in footnote Number 3 in paragraph 12of the County’s Motion to Reject the Bessemer Courthouse lease, the County is still required “toinstall, keep, and maintain offices at the City of Bessemer for the transaction of business pertainingto the County officers arising within the Bessemer Cut-off” by Sections 41 and Sections 41.01 of the Constitution of the State of Alabama, the provisions of 1919 Ala. Acts 62, 1915 Ala. Acts 549and several other Alabama statutes which are set forth in a brief in support of this Objection.2.The County has failed to join the Jefferson County Public Building Authority as anecessary and indispensable party to this action pursuant to Rule 17, Fed.R.Civ.P.3.The County has failed to join Andrew Bennett, Doris Britton, Grover Dunn, ArthurGreen, Benny Watson and Earl Carter as necessary parties pursuant to Rule 17, Fed.R.Civ.P.4.The County’s attempted closing of the Bessemer Courthouse violates the VotingRights of the minority registered voters of the Bessemer Division of Jefferson County, Alabama, asrepresented by Matthew Howard, one of the objectors, in that the County has failed to pre-clearwith the Justice Department or the Attorney General the change of a voting location at least 60days prior to the change occurring as required by 42 U.S.C. §1973(c)(a).5.The County has failed to meet its burden under 11 U.S.C. §365(a) that the rejectionof the so-called lease is a proper exercise of the Debtor’s business judgment and failed to explainwhy 11 U.S.C. §929 does not preclude the relief requested.5.The Objectors set forth herein adopt by reference the position of Ambac AssuranceCorporation.WHEREFORE, for the reasons stated herein, the Objections set forth by Ambac Assurance
Case 11-05736-TBB9 Doc 1276 Filed 09/05/12 Entered 09/05/12 17:07:53 DescMain Document Page 2 of 4
 
Corporation, the Brief of the Objectors that is being separately filed and adopted herein byreference and Motion for Relief from Automatic Stay to be filed by the Objectors, the Objectorsrespectfully request that this Court enter an order denying the relief requested in the Motion filedby the County to reject the lease and grant the Objectors, separately and severally, such other oradditional relief as is just and equitable.Respectfully Submitted, /s/ 
 R. Shan Paden
Attorney for the City of Bessemer, Alabama andBessemer ObjectorsPaden & Paden, P.C.1813 3
rd
Avenue N., Suite 200Bessemer, AL 35020spaden@padenlawyers.com205-432-0270
 /s/ Jon B. Terry
Attorney for the City of Hueytown, Alabama andThe Bessemer ObjectorsBains & Terry, P. C.\ 1813 3
rd
Avenue N., Suite 100Bessemer, AL 35020bainsjbt@bellsouth.net205-425-1606
 /s/ U. W. Clemon
Attorney for Matthew HowardWhite Arnold & Dowd, P.C.2025 3
rd
Avenue N., Suite 500Birmingham, AL 35203-3331uwclemon@whitearnolddowd.com205-323-1888
CERTIFICATE OF SERVICE
I hereby certify that a copy of the above and foregoing pleading has been served via the
Case 11-05736-TBB9 Doc 1276 Filed 09/05/12 Entered 09/05/12 17:07:53 DescMain Document Page 3 of 4

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