Moxley v. Comer

OPINION OF THE COURT

WEIS, Circuit Judge.

In this case we conclude that we have jurisdiction to hear an appeal from a district court order that lifted the automatic stay provided by the Bankruptcy Reform Act against a lien enforcement action. The district court found that the bankruptcy judge had erred in allocating a series of pre-bankruptcy payments by debtors to mortgages rather than to unsecured obligations. We agree with the district court’s reasoning but direct a remand to the bankruptcy judge for findings of fact on one transaction that might affect the creditors’ security and the…