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MATTER OF MADDOX

No. 93-7266.

15 F.3d 1347 (1994)

In the Matter of James A. MADDOX, et al., Debtors. TOWER LOAN OF MISSISSIPPI, INC., Appellant, v. James A. MADDOX, Jr., et al., Appellees, and Harold J. Barkley, Jr., Trustee, Appellee.

United States Court of Appeals, Fifth Circuit.

March 16, 1994.

Attorney(s) appearing for the Case

Nicholas V. Wiser, Byrd & Wiser, Biloxi, MS, for Tower Loan of Mississippi, Inc.

Terre M. Vardaman, Harold J. Barkley, Jr., Jackson, MS, for Harold J. Barkley, Jr., Trustee.

Roosevelt N. Daniels, II, Ferr, Smith & Assoc., Canton, MS, for Annie Fisher.

John A. Allen, John A. Allen Law Office, Jackson, MS, for James Maddox, et al., Melvin Travis & Haley, et al., B. Evans, T. Harrell and G. Jones.

Lynda Carol Robinson, Robinson Law Firm, Jackson, MS, for Greenwood, et al.

Lawrence E. Young, Deceased, North MS Rural Legal Svcs., Oxford, MS, Nancy Stuart, West Point, MS, for amici curiae — Tonya White, et al.

Before HIGGINBOTHAM and WIENER, Circuit Judges, and KAUFMAN, District Judge.

WIENER, Circuit Judge:

Today we address two questions arising under the Bankruptcy Code: (1) Whether the recent Supreme Court case of Owen v. Owen1 has overruled our holding and method in Matter of McManus2 and the line of cases following it, so that a debtor may now avoid a nonpossessory, nonpurchase-money lien under § 522(f)3...

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