In Re Ralph A. Lewis, Debtor. Appeal of Ralph A. Lewis

OPINION OF THE COURT

GARTH, Circuit Judge:

Debtor/Appellant Ralph A. Lewis appeals from the order of the district court which had affirmed the order of the bankruptcy court. Because the district court erred when it construed certain provisions of Lewis’s Chapter 13 plan as waiving Lewis’s rights under the Act, we will reverse the district court’s order and direct the return of this case to the bankruptcy court for further proceedings.

I

Lewis filed a petition for bankruptcy under Chapter 13 of the Bankruptcy Code on February 1, 1985. Part of Lewis’s estate included his residence at 4929 Duffield…