Lehman Brothers Bank, FSB v. SouthTech Enterprises, LLC et alRESPONSE TO ORDER TO SHOW CAUSEM.D. Ala.August 24, 2007926931.1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA Lehman Brothers Bank, FSB, successor-in-interest to Capital Crossing Bank, Plaintiff, v. Southtech Enterprises, LLC, Charles F. Carter, III and Shannon Marie Carter, Judgment Debtor. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 2007-183 CONSENT TO STAY OF GARNISHMENTS Plaintiff Lehman Brothers Bank, FSB, successor-in-interest to Capital Crossing Bank, (the "Bank") consents to the stay of those garnishments referenced in the Motions (Docket Nos. 41, 51, 52, 53, 54 and 55) (the “Garnishments”) to the extent such action is required by 11 U.S.C. § 362. However, the Bank does not consent to any determination by this Court that any particular garnished assets are exempt assets. The Debtors have neither established what amounts are held in the referenced accounts, nor provided any evidence of the bases for any alleged exemptions. The deadline in the United States Bankruptcy Court for the Middle District of Alabama (the “Bankruptcy Court”) for objections to the Debtors’ claimed exemptions is not unitl October 6, 2007. Therefore, the Bank consents to the stay of the Garnishments, however the Bank objects to (1) any determination by this Court of the exempt or non-exempt nature of the funds, as such a determination is premature and falls squarely within the jurisdiction of the Bankruptcy Court, and (2) unless the Chapter 7 Trustee and/or the Bankruptcy Court Case 1:07-cv-00183-WHA-TFM Document 61 Filed 08/24/2007 Page 1 of 3 926931.1 determine otherwise, the Garnishments should be stayed and not dismissed so that the Bank will not be prejeudiced in the event that the Debtors’ Bankruptcy Case is dismissed and the Judgment Debtors do not receive a discharge. Respectfully submitted this the 24th day of August, 2007. /s/ Christie L. Dowling Christie Lyman Dowling Attorney for Plaintiff OF COUNSEL: BALCH & BINGHAM LLP 1901 Sixth Avenue North, Suite 2600 Birmingham, AL 35203 Telephone: (205) 251-8100 Facsimile: (205) 226-8799 E-Mail: cdowling@balch.com Case 1:07-cv-00183-WHA-TFM Document 61 Filed 08/24/2007 Page 2 of 3 926931.1 CERTIFICATE OF SERVICE I hereby certify that I have served an exact copy of the Consent to Stay of Garnishments upon the following by placing a copy of same in the United States Mail, properly addressed and first class postage prepaid, on August 24, 2007. /s/ Christie L. Dowling Christie L. Dowling BALCH & BINGHAM LLP Post Office Box 306 Birmingham, Alabama 35201 Telephone: (205) 251-8100 Facsimile: (205) 226-8799 William C. Carn, III Lee & McInish, P.C. P.O. Box 1665 Dothan, AL 36302 Collier H. Espy, Jr. Espy, Metcalf & Poston P.O. Drawer 6504 Dothan, AL 36302-6504 Case 1:07-cv-00183-WHA-TFM Document 61 Filed 08/24/2007 Page 3 of 3