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HARRIS v. FORT OGLETHORPE STATE BANK

No. 82-5470.

721 F.2d 1052 (1983)

Darrell W. HARRIS and Pamela Harris, Plaintiffs-Appellees, v. FORT OGLETHORPE STATE BANK, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 28, 1983.

Attorney(s) appearing for the Case

Richard J. McAfee, Miller & Martin, Shelley Rucker, argued, Chattanooga, Tenn., for defendant-appellant.

Robert J. Harriss, argued, Brown, Harriss, Hartman & Aaron, Rossville, Ga., for plaintiffs-appellees.

Before JONES and WELLFORD, Circuit Judges, and DEMASCIO, District Judge.

PER CURIAM:

The plan submitted by Darrell W. and Pamela Harris, pursuant to a petition filed under Chapter 13 of the Bankruptcy Reform Act, provided for full payment of a promissory note due and owing to the Fort Oglethorpe State Bank (Bank). The note was secured and guaranteed by a co-signer, Joe Lewis Puryear. The automatic stay provisions contained in 11 U.S.C. § 1301 precluded the Bank from instituting collection proceedings against Puryear. On November 10...

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