In Re Willis

MEMORANDUM OPINION AND ORDER

H. CLYDE PEARSON, Bankruptcy Judge.

This is a procedural question concerning the proper procedure that a creditor shall use in seeking redress under 11 U.S.C. Section 1301 of the United States Bankruptcy Code effective October 1, 1979. 1

Cumberland Bank & Trust Company (Bank), by Counsel, filed a written motion alleging that the Bank is the holder of a judgment lien upon real estate owned by Odra Willis, a co-maker upon the note sued upon with Robert N. and Nancy L. Willis, the Debtors herein. The motion further alleged that the judgment was obtained and docketed in…