In re Bardell

Debtor had defaulted on his mortgage loan, and a trustee under a deed of trust conducted a foreclosure sale. Two days later, debtor filed for chapter 13 relief. Debtor sought to undo the foreclosure sale and cure his mortgage arrearage in his proposed plan. The Bankruptcy Court for the Northern District of West Virginia ruled debtor was not entitled to cure his mortgage default or to avoid the prepetition foreclosure sale. Debtor appealed.