MATTER OF PENROD

No. 94-3072.

50 F.3d 459 (1995)

In the Matter of John PENROD and Alyce J. Penrod, Debtors-Appellees. Appeal of FINANCIAL INSTITUTIONS LIQUIDATION CORPORATION, formerly known as Mutual Guaranty Corporation, successor in interest to the Clinton County Farm Bureau Cooperative Association Credit Union.

United States Court of Appeals, Seventh Circuit.

Decided March 22, 1995.


Attorney(s) appearing for the Case

Mark R. Wenzel (argued), Jeffrey E. Ramsey, Hopper, Wenzel & Galliher, Indianapolis, IN, for Financial Institutions Liquidation Corp.

Daniel J. Skekloff (argued), Scot T. Skekloff (argued), Hoffman, Thompson, Skekloff, Rogers & McNagny, Fort Wayne, IN, for John L. Penrod, Alyce J. Penrod.

Before POSNER, Chief Judge, ROVNER, Circuit Judge, and MORAN, Chief Judge.


POSNER, Chief Judge.

This appeal raises an issue of bankruptcy law that one might have supposed had been settled long ago. It is whether, when a plan of reorganization makes provision for the payment of a secured creditor's claim but does not say whether the creditor's security interest (lien) is extinguished, the security interest survives, in accordance with the old saw that "liens pass through bankruptcy unaffected."

Hog farmers named Penrod executed a...

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