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IN RE STEVENS

No. 96-9390.

130 F.3d 1027 (1997)

In re: Albert G. STEVENS, Edelgard Stevens, Debtors. FORD MOTOR CREDIT COMPANY, Plaintiff-Appellant, v. Albert G. STEVENS, Edelgard Stevens, Defendants-Appellees, Barnee C. Baxter, Trustee-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 12, 1997.

Attorney(s) appearing for the Case

Kathleen Horne, Amy Lee Copeland, Inglesby, Falligant, Horne, Courington & Nash, Savannah, GA, Stephen Hale Block, Levine & Block, Atlanta, GA, for Plaintiff-Appellant.

Vincent M. Davison, Jr., Augusta, GA, for Defendants-Appellees.

Barnee C. Baxter, Augusta, GA, pro se.

P. Matthew Sutko, U.S. Dept. of Justice, Washington, DC, Jennifer H. Zachs and William Kanter, Dept. of Justice, Washington, DC, for amicus curiae.

Before COX and BARKETT, Circuit Judges, and HUNT, District Judge.

BARKETT, Circuit Judge:

Ford Motor Credit Company ("Ford") appeals from the district court's order permitting the Chapter 13 Trustee ("the Trustee") to recover from Ford alleged overpayments that Ford received from a confirmed Chapter 13 bankruptcy plan.

Albert and Edelgard Stevens ("the Debtors") filed a Chapter 13 petition in the U.S. Bankruptcy Court for the Southern District of Georgia. Among their assets was a 1992 pick-up truck, in which Ford held a...

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