RELIHAN v. EXCHANGE BANK

No. CV585-026, Bankruptcy No. 583-00121.

69 B.R. 122 (1985)

Randolph C. RELIHAN, Jr., Appellant, v. The EXCHANGE BANK, Appellee and Cross-Appellant.

United States District Court, S.D. Georgia, Waycross Division.

November 11, 1985.


Attorney(s) appearing for the Case

James H. Rollins, Laurie H. Ross, Atlanta, Ga., Norman M. Shved, Millen, Ga., for appellant.

Stephen L. Jackson, Waycross, Ga., for appellee and cross-appellant.


ORDER

EDENFIELD, District Judge.

This case is before the Court on appeal from the United States Bankruptcy Court for the Southern District of Georgia, Judge Herman W. Coolidge, presiding. The issue is whether a secured creditor loses its lien as a result of its failure to file a proof of claim in a Chapter 11 bankruptcy proceeding.

I. Background

The following facts are not in dispute. The appellant, Randolph C. Relihan, Jr. (hereinafter...

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