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MEMPHIS BANK & TRUST CO. v. WHITMAN

No. 81-5393.

692 F.2d 427 (1982)

MEMPHIS BANK & TRUST COMPANY, Plaintiff-Appellant, v. Linda Gail WHITMAN, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 4, 1982.

As Modified December 17, 1982.

Attorney(s) appearing for the Case

Gary L. Jewel, Allen Gardner, Memphis, Tenn., for plaintiff-appellant.

Sidney Feuerstein, Memphis, Tenn., for defendant-appellee.

Before MERRITT, Circuit Judge, BROWN, Senior Circuit Judge, and PRATT, District Judge.

MERRITT, Circuit Judge.

This secured claim case arises under the newly revised Chapter 13 of the Bankruptcy Code which sets out principles for courts to follow in composing the debts of distressed wage earners. It is a case of first impression under the new Code. The "confused state of the law concerning the treatment of secured claims" caused major problems under the old Chapter XIII, 5 Collier on Bankruptcy § 1325.01[E] at 1325-14 (1982), and led to a radical...

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