Barnes v. Sawyer (In Re Barnes)

MEMORANDUM DECISION

WILLIAM R. SAWYER, Chief Judge.

This Adversary Proceeding came before the court for trial on April 6, 2005. Plaintiff Frankie Allen Barnes, the Debtor in the underlying Chapter 13 bankruptcy case, was present in person and by counsel C.H. Espy, Jr. Defendant Fred Sawyer 1 was present in person and by counsel Bow-dy J. Brown and Austin Huffaker. Barnes seeks declaratory and injunctive relief to prevent Sawyer from taking action to foreclose his judgment lien on Barnes’ residence.

I. FACTS

On July 23, 1996, Sawyer obtained a money judgment against Barnes in the amount of…