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CHANDLER BANK OF LYONS v. RAY

No. 83-1271.

804 F.2d 577 (1986)

CHANDLER BANK OF LYONS, Plaintiff-Appellant, v. David Jay RAY and Jerold E. Berger, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 14, 1986.

Attorney(s) appearing for the Case

Dale L. Somers of Eidson, Lewis, Porter & Haynes, Topeka, Kan. (Anne L. Baker was also on the brief), for plaintiff-appellant.

Dan E. Turner, Topeka, Kan., for defendants-appellees.

Before HOLLOWAY, Chief Judge, and SETH and DOYLE, Circuit Judges.

PER CURIAM.

This case involves the administration of a bankruptcy estate and the question of whether the Chandler Bank's lien in collateral survives the debtor's discharge in bankruptcy. The trial judge ruled that subsequent to the debtor's discharge the creditor who has taken no action to preserve its pre-filing lien rights in the debtor's personal property does not have an in personam right against the debtor and is subject to being enjoined from enforcing...

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