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IN RE DAVIS

No. 01-15491.

314 F.3d 567 (2002)

In re Ruby Lee DAVIS, Debtor. Systems & Services Technologies, Inc., Servicing Agent for Aegis Auto Finance, Plaintiff-Appellant, v. Ruby Lee Davis, Barnee C. Baxter, Trustee, United States Trustee, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 16, 2002.

Attorney(s) appearing for the Case

Craig B. Lefkoff, Philip L. Rubin, Lefkoff & Rubin, P.A., Atlanta, GA, for Plaintiff-Appellant.

Angela McElroy, Augusta, GA, for Defendants-Appellees.

Before BIRCH and COX, Circuit Judges, and GEORGE, District Judge.

PER CURIAM:

In this bankruptcy appeal, we must decide whether a trustee in bankruptcy has the authority to modify a Chapter 13 confirmation plan without an order from the bankruptcy court. The district court upheld the bankruptcy court's grant of a Chapter 13 discharge based upon the trustee's recommendation because the debtor complied with the confirmation plan, which was unilaterally amended by the trustee. Finding the discharge improper, we VACATE the discharge...

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