- 11 U.S.C.
In re Patton
Nov
19
2008
Ruling
Plan could require mortgage creditors to apply payments as if prepetition default had not occurred.
Procedural posture
Chapter 13 debtors filed plans containing language objectionable to secured creditors, all of whom were home lenders. The plans' proposed language provided that the payments would be applied to the debtors' mortgage accounts as if the accounts were current and no prepetition defaults existed on the petition dates, and the creditors argued that those provisions impermissibly modified their secured liens in violation of 11 U.S.C.S. § 1322(b)(2).
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Court
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