- 11 U.S.C.
In re Holman
Mar
15
2013
Ruling
Mortgage creditor's cure and maintenance claim was still "provided for" in plan even after relief from stay was granted.
Procedural posture
A creditor filed a motion for relief from the automatic stay to allow it to enforce its lien against a chapter 13 debtor's principal residence. The creditor also requested relief from the obligations imposed by Fed. R. Bankr. P. 3002.1 to provide notice of any changes in the payment amount to the debtor, debtor's counsel, and the chapter 13 trustee. The chapter 13 trustee agreed with the creditor, while the U.S. Trustee (UST) objected.
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Court
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