IN RE SIMMONS

No. 84-4697.

765 F.2d 547 (1985)

In re Benjamin Pierce SIMMONS, Bankrupt. Benjamin Pierce SIMMONS, Plaintiff-Appellant, v. J.T. SAVELL, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 19, 1985.


Attorney(s) appearing for the Case

Stennett, Wilkinson & Ward, James R. Mozingo, Jackson, Miss., for plaintiff-appellant.

Waller & Waller, Bill Waller, Jr., Jackson, Miss., for defendant-appellee.

Before CLARK, Chief Judge, RANDALL and JOLLY, Circuit Judges.


RANDALL, Circuit Judge:

In this appeal, we are asked to determine the effect of a bankruptcy court's confirmation of a "wage earner plan," under Chapter 13 of the Bankruptcy Code, on a creditor's statutory lien. The debtor instituted the instant adversary action in bankruptcy court, seeking cancellation of the lien notice filed of record by the creditor. The bankruptcy court refused to cancel the lien, holding in part that...

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