Legal Opinion
In Re Benjamin Pierce Simmons, Bankrupt. Benjamin Pierce Simmons v. J.T. Savell
Court of Appeals for the Fifth Circuit
Decided July 19, 1985No. 84-4697PublishedCited by 282 opinions
1Opinion of the Court
RANDALL, Circuit Judge:
In this appeal, we are asked to determine the effect of a bankruptcy court’s confirmation of a “wage earner plan,” under Chapter 13 of the Bankruptcy Code, on a creditor's statutory lien. The debtor instituted the instant adversary action in bankruptcy court, seeking cancellation of the lien notice filed of record by the creditor. The bankruptcy court refused to cancel the lien, holding in part that the lien continued to be valid after confirmation of the plan. The district court affirmed this holding. Because we hold that confirmation of the debtor’s Chapter 13 plan…
2Cases cited38 opinions
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- Long v. BullardSupreme Court of the United States · 1886
- Long and Wife v. BullardSupreme Court of the United States · 1886
- Lawrence Tractor Co. v. GregoryCourt of Appeals for the Ninth Circuit · 1983
- In the Matter of Gerald Lewis Tarnow, Debtor. Appeal of Commodity Credit CorporationCourt of Appeals for the Seventh Circuit · 1984
33 more not listed; retrieve them via the Exa API.
3Cited by282 opinions
- In Re Varat Enterprises, Inc., Debtor. First Union Commercial Corporation v. Nelson, Mullins, Riley and ScarboroughCourt of Appeals for the First Circuit · 1996
- Cen-Pen Corporation v. Walter E. Hanson Loraine P. HansonCourt of Appeals for the Fourth Circuit · 1995
- In the Matter of Phyllis Maxine Pence, Debtor. Appeal of Pacesetter Bank of MontpelierCourt of Appeals for the Seventh Circuit · 1990
- IN Re: Carmen Bateman, Debtor, --- Universal American Mortgage Company v. Carmen BatemanCourt of Appeals for the Eleventh Circuit · 2003
- In re PenrodCourt of Appeals for the Seventh Circuit · 1995
277 more not listed; retrieve them via the Exa API.