MARGARET H. MURPHY, Bankruptcy Judge.
This adversary proceeding is styled as a complaint to modify stay.
A bankruptcy court is not bound by another bankruptcy court's decision, or by an opinion by another bankruptcy judge of the same district. Only the decision of the Court of Appeals is binding precedent. Fox v. Acadia State Bank, 937 F.2d 1566 (11th Cir.1991). Therefore, the undersigned is not bound by the decision in Horne.
More persuasive on the § 521 issue is the Tenth Circuit opinion in Lowry Federal Credit Union v. West, 882 F.2d 1543 (10th Cir.1989). The Lowry court held that where the debtor has not defaulted, the debtor may retain the property without reaffirming or redeeming and the failure to make such an election does not give the creditor an automatic right to relief from the automatic stay. Accord, In re Donley, 131 B.R. 193 (Bankr.N.D.Fla.1991); In re McDaniel, 129 B.R. 301 (Bankr.M.D.Fla. 1991).
The holding in the Lowry case is bolstered by the recent decision of the U.S. Supreme Court in Dewsnup v. Timm, ___ U.S. ___, 112 S.Ct. 773, 116 L.Ed.2d 903 (1992), wherein the Court based its decision on the principle that a lien passes through bankruptcy unaffected. A debt may be discharged but the lien is not unless it has been avoided under an applicable provision of the Bankruptcy Code. Accordingly, it is hereby
ORDERED that judgment will be entered in favor of Defendant.
IT IS SO ORDERED.