Southerland v. Troy & Nichols, Inc.

ORDER ON APPEAL

KOVACHEVICH, District Judge.

This cause is before the Court on appeal from an order of the Bankruptcy Court. On December 13, 1989, Columbus Jasper South-erland, Debtor, acquired property subject to Appellee’s first mortgage. By September of 1990, Appellant defaulted and a Final Judgment of Mortgage Foreclosure was entered on May 25,1993. Appellant filed a voluntary petition under Chapter 13 of the Bankruptcy Code just prior to a scheduled foreclosure sale.

The Appellant filed his Chapter 13 Plan of Reorganization on July 20, 1993. Approximately two weeks later, the Bankruptcy…