Summary Calendar In The Matter Of: DEVERA JALLEN Debtor DEVERA JALLEN v. Green Tree Servicing Llc, formerly known as Conseco Finance Servicing Corp

* Pursuant to 5TH CIR. R. 47.5, the Court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
December 23, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-10825
Summary Calendar
In The Matter Of: DEVERA J ALLEN
Debtor
DEVERA J ALLEN
Appellant
v.
GREEN TREE SERVICING LLC, formerly known as Conseco Finance
Servicing Corp
Appellee
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Appeal from the United States District Court
for the Northern District of Texas, Dallas
3:04-CV-1014-D
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Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Appellant, Devera Allen (“Allen”), appeals the district
court’s affirmation of the bankruptcy court’s order lifting the
automatic stay with respect to Appellee Green Tree Servicing,
L.L.C.’s (“Green Tree”) request to possess, foreclose on, and

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sell or otherwise dispose of Allen’s 1995 Fleetwood Manufactured
Home. We affirm.
In May 1995, Allen purchased a 1995 Fleetwood Manufactured
Home. In so doing, Allen gave Green Tree a security interest in
the manufactured home. Thereafter, in September 1997, Allen
filed a voluntary petition under Chapter 13 of the Bankruptcy
Code. In July 1999, Allen and Green Tree submitted an Agreed
Order valuing the manufactured home at $27,000. In her Chapter
13 Plan, Allen was to pay Green Tree the $27,000 secured value in
full. Based on the Chapter 13 Trustee’s Final Report and
Account, Allen paid on Green Tree’s secured claim $8,080.30 in
principal and $3,356.13 in interest. Thus, Allen failed to pay
Green Tree’s secured claim in full at the time Allen’s Chapter 13
bankruptcy case was closed.
The decision to grant relief from the automatic stay is
within the discretion of the bankruptcy judge, and on appeal is
subject to review under an abuse of discretion standard. Matter
of Mendoza, 111 F.3d 1264, 1266 (5th Cir. 1997).
Upon completion by the debtor of all payments due under a
confirmed plan, the court is to grant a Chapter 13 debtor
discharge from all debts with certain exceptions specified in 11
U.S.C. § 1328(a). Such a discharge operates as an injunction
against the commencement or continuation of any action to
collect, recover, or offset any discharged debt as a personal
liability of the debtor. 11 U.S.C. § 524(a)(2).

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Liens do not survive bankruptcy where the debt is provided
for in the plan and paid in full. In re Echevarria, 212 B.R. 26,
28 (Bankr. D.P.R. 1997). However, where the debt is not paid in
full, a secured creditor’s lien is not extinguished. In re
Stovall, 256 B.R. 490, 493-94 (Bankr. N.D. Ill. 1999). As Green
Tree’s claim was not paid in full, Green Tree’s lien has passed
through Allen’s bankruptcy unaffected and has not been
extinguished by Allen’s Chapter 13 discharge. Therefore, the
district court properly concludes that the bankruptcy court’s
order lifting the automatic stay was not an abuse of discretion.
Accordingly, for the foregoing reasons, the opinion of the
district court is AFFIRMED.

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