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MATTER OF SMITHWICK

No. 96-41089.

121 F.3d 211 (1997)

In the Matter of Ruben R. SMITHWICK, Jr.; In the Matter of Debbie Smithwick, Debtors. GREEN TREE FINANCIAL SERVICING CORPORATION, Appellant, v. Ruben R. SMITHWICK, Jr.; Debbie Smithwick, Appellees.

United States Court of Appeals, Fifth Circuit.

September 8, 1997.

Attorney(s) appearing for the Case

Frederick J. McCutchon, Deborah J. Greer, Wood, Boykin and Wolter P.C., Corpus Christi, TX, for Appellant.

Jan L. Shephard, Corpus Christi, TX, for Appellees.

James Thomas McMillen, Corpus Christi, TX, for National Association of Consumer Bankruptcy Attorneys, Inc., Amicus Curiae.

Before JONES, EMILIO M. GARZA and PARKER, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Green Tree Financial Servicing Corporation appeals the district court's affirmance of the bankruptcy court's decision that its Local Rule 3020(d) provides the appropriate post-confirmation interest rate on Green Tree's oversecured claim. We reverse and remand.

The Debtors, Ruben Smithwick, Jr. and Debbie Smithwick, entered into a Retail Installment Contract with Green Tree in May 1994 for the purchase of a mobile home. The Contract...

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