IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION In re: JEFFERSON COUNTY,

ALABAMA, a political subdivision of the State of Alabama, Debtor. ) ) ) ) ) ) )

Case No. 11-05736-TBB9 Chapter 9

OBJECTION TO MOTION TO APPROVE THE COUNTYS REJECTION OF THE BESSEMER COURTHOUSE 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 Jefferson County, Alabama, Doris Britton, the Deputy Treasurer of the Bessemer Division of Jefferson County, Alabama, Grover Dunn, the Deputy Tax Collector of the Bessemer Division of Jefferson County, Alabama, Arthur Green, the Deputy District Attorney for the Bessemer Division of Jefferson County, Alabama, Benny Watson, Circuit Clerk for the Bessemer Division of Jefferson County, Alabama. Earl Carter, Absentee Ballot Voting Commissioner of the Bessemer Division of Jefferson County, Alabama, Matthew Howard, an African-American absentee voter residing in the Bessemer Division of Jefferson County, Alabama, collectively referred to as the (Bessemer Objectors) and hereby object to Jefferson County, Alabama (the County) motion pursuant to 11 U. S. C. 365(a) & 901(a) and Rule 6006 of the Federal Rules of Bankruptcy Procedure that the Court enter an Order allowing the County to reject the Lease Agreement (the Lease) dated August 1, 2006, between the Jefferson County Public Building Authority, a public corporation (the

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JCPBA) and the County for Courthouse and jail facilities located in Bessemer, Alabama, as follows: 1. Contrary to the position taken by the County in footnote Number 3 in paragraph 12

of the Countys Motion to Reject the Bessemer Courthouse lease, the County is still required to install, keep, and maintain offices at the City of Bessemer for the transaction of business pertaining to 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 549 and 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 a

necessary 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, Arthur

Green, Benny Watson and Earl Carter as necessary parties pursuant to Rule 17, Fed.R.Civ.P. 4. The Countys attempted closing of the Bessemer Courthouse violates the Voting

Rights of the minority registered voters of the Bessemer Division of Jefferson County, Alabama, as represented by Matthew Howard, one of the objectors, in that the County has failed to pre-clear with the Justice Department or the Attorney General the change of a voting location at least 60 days 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 rejection

of the so-called lease is a proper exercise of the Debtors business judgment and failed to explain why 11 U.S.C. 929 does not preclude the relief requested. 5. Corporation. WHEREFORE, for the reasons stated herein, the Objections set forth by Ambac Assurance The Objectors set forth herein adopt by reference the position of Ambac Assurance

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Corporation, the Brief of the Objectors that is being separately filed and adopted herein by reference and Motion for Relief from Automatic Stay to be filed by the Objectors, the Objectors respectfully request that this Court enter an order denying the relief requested in the Motion filed by the County to reject the lease and grant the Objectors, separately and severally, such other or additional relief as is just and equitable.

Respectfully Submitted, /s/ R. Shan Paden Attorney for the City of Bessemer, Alabama and Bessemer Objectors Paden & Paden, P.C. 1813 3rd Avenue N., Suite 200 Bessemer, AL 35020 spaden@padenlawyers.com 205-432-0270

/s/ Jon B. Terry Attorney for the City of Hueytown, Alabama and The Bessemer Objectors Bains & Terry, P. C.\ 1813 3rd Avenue N., Suite 100 Bessemer, AL 35020 bainsjbt@bellsouth.net 205-425-1606 /s/ U. W. Clemon Attorney for Matthew Howard White Arnold & Dowd, P.C. 2025 3rd Avenue N., Suite 500 Birmingham, AL 35203-3331 uwclemon@whitearnolddowd.com 205-323-1888

CERTIFICATE OF SERVICE I hereby certify that a copy of the above and foregoing pleading has been served via the

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Courts CM/ECF electronic noticing system, on September 5, 2012.

/s/ R. Shan Paden

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