Darrell W. Harris and Pamela Harris v. Fort Oglethorpe State Bank

The plan submitted by Darrell W. and Pamela Harris, pursuant to a petition filed under Chapter 13 of the Bankruptcy Reform Act, provided for full payment of a promissory note due and owing to the Fort Oglethorpe State Bank (Bank). The note was secured and guaranteed by a co-signer, Joe Lewis Puryear. The automatic stay provisions contained in 11 U.S.C. § 1301 precluded the Bank from instituting collection proceedings against Puryear. On November 10, 1981, the Bank filed a “Request for Permission to Pursue Comaker” which was denied by the bankruptcy judge on January 7, 1982. On appeal to the…