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§ 1322(c)

In re Latimer

Oct
27
2008
Ruling
Undersecured mortgage claim could be bifurcated.
Procedural posture

The debtors filed a chapter 13 plan which proposed to bifurcate their mortgage into an allowed secured claim and an unsecured claim. In furtherance of the plan, the debtors filed a motion, pursuant to 11 U.S.C.S. § 506(a)(1), for the court to determine the secured status of the mortgage. The creditor opposed the motion.

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Consumer opinion summary, case decided on October 27, 2008 , LexisNexis #1208-127
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In re Bardell

Aug
10
2007
Ruling
Prepetition foreclosure terminated debtor's right to cure default through plan.
Procedural posture

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.

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opinion summary, case decided on August 10, 2007 , LexisNexis #0907-088
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In re Connors

Aug
03
2007
Ruling
Debtor could not cure mortgage default after foreclosure sale and before delivery of deed.
Procedural posture

Appellant, a chapter 13 debtor, sought review of a decision from the District Court for the District of New Jersey, which held that the debtor did not have a right under 11 U.S.C. § 1322(c)(1) to cure a default on a mortgage secured by the debtor's principal residence between the time the residence was sold at a foreclosure sale and the time the deed was delivered.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on August 03, 2007 , LexisNexis #0807-139
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In re Bardell

Feb
08
2007
Ruling
Debtor could not cure mortgage arrearage once equitable interest in property was extinguished by foreclosure.
Procedural posture

Chapter 13 debtor filed a motion requesting that creditor be held in contempt of court for rejecting debtor's postpetition mortgage payments. Creditor filed a motion for relief from stay. Debtor filed a motion to filed a late proof of claim.

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opinion summary, case decided on February 08, 2007 , LexisNexis #0307-014
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In re Morgan

Aug
09
2006
Ruling
Prepetition foreclosure sale terminated debtor's rights in property even though deed was filed postpetition.
Procedural posture

A creditor filed a motion for relief from the automatic stay to permit it to proceed with ejectment proceedings against a chapter 13 debtor.

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opinion summary, case decided on August 09, 2006 , LexisNexis #1006-002
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JPMorgan Chase Bank v. McKinney (In re McKinney)

Jun
14
2006
Ruling
Creditor buyer was granted motion for relief from automatic stay since debtor's residence was sold prefiling at foreclosure sale.
Procedural posture

Movant creditor filed a motion for relief from the automatic stay in respondent debtors'chapter 13 bankruptcy case as to a defaulted mortgage.

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opinion summary, case decided on June 14, 2006 , LexisNexis #0706-032
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In re Henry

Jun
01
2006
Ruling
Motion to dismiss was denied since court allowed plan payments to extend beyond maximum period generally allowed.
Procedural posture

The chapter 13 trustee moved to dismiss the debtor's bankruptcy case. The trustee argued that the case should be dismissed because it would take over 60 months to complete, and because the plan was in material default since it will not complete in compliance with the confirmed terms.

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opinion summary, case decided on June 01, 2006 , LexisNexis #0706-104
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In re Snowden

Apr
14
2006
Ruling
Debtor's motion to vacate annulment of automatic stay regarding foreclosed principal residence was denied since section 1322(c)(1) did not permit debtor to toll right to redeem the foreclosed property for the life of the chapter 13 plan.
Procedural posture

On October 15, 2005, debtor filed a bankruptcy case under chapter 13. An order was entered on November 28, 2005 granting a mortgagee's Motion to Annul the Automatic Stay with respect to debtor's foreclosed residential real estate that had been sold at a prepetition judicial sale. On March 9, 2006, debtor filed a Motion to Vacate Annulment of the Automatic Stay based on Fed. R. Civ. P. 60(b).

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opinion summary, case decided on April 14, 2006 , LexisNexis #0506-063
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