- 11 U.S.C.
In re Booth
Jan
14
2009
Ruling
Plan could not preclude mortgage creditor's postpetition fees but could require application of payments as though loan was current.
Procedural posture
A bankruptcy debtor's chapter 13 plan included provisions which precluded the debtor's mortgage creditor from charging postpetition fees, and required the creditor to apply plan payments by deeming any pre-petition arrearages to be contractually current and notify the debtor and others concerning changes in payment amount. The creditor challenged these plan provisions and objected to confirmation of the plan.
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Court
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