IN RE GARNER

No. 11-10465.

663 F.3d 1218 (2011)

In Re Daniel W. GARNER, Sr., Debtor. First United Security Bank, Plaintiff-Appellant, v. Daniel W. Garner, Sr., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 30, 2011.


Attorney(s) appearing for the Case

Robert P. Reynolds , Robert Vermillion Goldsmith , Gilbert C. Steindorff, IV , Reynolds, Reynolds & Duncan, LLC, Tuscaloosa, AL, for Plaintiff-Appellant.

Jeffrey Clarke Walker , Michael Derek Brock , Brock & Stout, LLC, Enterprise, AL, for Defendant-Appellee.

Before DUBINA, Chief Judge, COX, Circuit Judge, and HUNT, District Judge.


DUBINA, Chief Judge:

Appellant First United Security Bank ("FUSB") appeals the district court's affirmation of the bankruptcy court's order that partially overruled FUSB's objection to confirmation of the Chapter 13 bankruptcy plan. FUSB contends that under Section 506(b) of the Bankruptcy Code, debtor Daniel W. Garner must pay interest on its claim at the contract rate of 10.5% because FUSB is an oversecured creditor. The bankruptcy and district courts found that...

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