IN RE JONES

No. 89-8617.

908 F.2d 859 (1990)

In re: Jesse C. JONES, aka J.C. Jones, aka Jack C. Jones, dba J.C. Jones Farms, Debtor. The FIRST NATIONAL BANK OF ATLANTA, Successor in Interest to Bank of Commerce, Plaintiff-Appellant, v. Sherman WILLIS, as Trustee of the Estate of Jesse C. Jones, aka J.C. Jones, aka Jack C. Jones, dba J.C. Jones Farms, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 9, 1990.


Attorney(s) appearing for the Case

Howard S. McKelvey, Jr., Americus, Ga., for plaintiff-appellant.

Timothy O. Davis, Gardner, Willis, Sweat & Goldsmith, Albany, Ga., for defendant-appellee.

Before CLARK, Circuit Judge, RONEY, Senior Circuit Judge, and ATKINS, Senior District Judge.


ATKINS, Senior District Judge:

This case presents an issue of first impression in this circuit concerning the effect of section 552(b) of the Bankruptcy Code on the rights of a secured creditor holding a whole life insurance policy on the debtor's life. Specifically, we must determine whether the creditor's security interest extends to the increase in the cash surrender value of the debtor's life insurance policy by the subsequent payments of premiums on the policy...

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