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§ 1322(b)(5)

In re Jackson

Ruling
Plans confirmed with modifications to remove nonstandard provisions imposing affirmative duty on mortgage lenders.
Procedural posture

Before the court for confirmation consideration were debtors' chapter 13 plans.

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Consumer opinion summary, case decided on January 06, 2011 , LexisNexis #0411-030

In re Harding

Ruling
Separate classification of nondischargeable student loan debt denied.
Procedural posture

A bankruptcy debtor proposed a plan which provided for full payments toward nondischargeable student loan debt, rather than a pro rata distribution to the student loan creditor with all unsecured creditors. The debtor moved to classify the student loan debt separately from other unsecured debts.

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Consumer opinion summary, case decided on February 08, 2010 , LexisNexis #0310-098

In re Jones

Ruling
Payments for foreplaced insurance coverage offset by sanctions against creditor for violation of court orders.
Procedural posture

Chapter 13 debtor alleged that defendant creditors, her mortgagee and insurer, violated Fed. R. Bankr. P. 2016(a) when they demanded the payment of a forceplaced hazard insurance premium following the debtor's discharge. The creditors moved for summary judgment on the claim. The debtor argued that the claim for the premium should be disallowed.

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Consumer opinion summary, case decided on October 29, 2009 , LexisNexis #0210-070

In re Hines

Ruling
Creditor could not assert claims for postconfirmation payment of preconfirmation insurance premium assessments.
Procedural posture

In cases addressed jointly, the debtors filed for relief under chapter 13. The chapter 13 trustee sought an order declaring that the claims of a creditor were current and all defaults were cured, pursuant to 11 U.S.C.S. § 1322(b)(5), so that the creditor could not recover claims for hazard insurance that the creditor claimed were owed by the debtors.

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Consumer opinion summary, case decided on April 16, 2009 , LexisNexis #0709-066

Boday v. Franklin Credit Mgmt. Corp. (In re Boday)

Ruling
Mortgage creditor ordered to adjust records to reflect payments used by debtors to effect a cure.
Procedural posture

Chapter 13 debtors filed a complaint against a creditor, the holder of the debtors'mortgage, requesting that the court make a determination as to the amount due under its loan to the creditor, and requesting that the court award them damages, including attorney fees and punitive damages, for the creditor's failure to properly calculate the principal balance of their loan.

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Consumer opinion summary, case decided on October 02, 2008 , LexisNexis #0109-088

In re Machado

Ruling
Confirmation denied due to failure to channel cure payments through trustee.
Procedural posture

The debtor moved for confirmation of her proposed chapter 13 plan. The chapter 13 trustee objected because the plan: (1) discriminated in favor of nondischargeable student loan debt and against other nonpriority unsecured debt, and (2) excluded certain cure-and-maintain payments on long-term unsecured debt from the chapter 13 trustee's statutory compensation.

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Consumer opinion summary, case decided on November 06, 2007 , LexisNexis #1207-058

Hence v. Indian Cave Pship (In re Hence)

Ruling
Mortgagee not entitled to accelerated interest payments.
Procedural posture

Appellant mortgagee appealed a decision from the bankruptcy court on the mortgagee's objection to the confirmation of debtor's chapter 13 repayment plan. The mortgagee also moved under Bankr. R. 9023 for reconsideration of the denial of its request for reconsideration of the bankruptcy court's oral ruling on confirmation.

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opinion summary, case decided on April 20, 2007 , LexisNexis #0607-113

In re Lammy

Ruling
Proof of claim could not include arrearage that was subject of prepetition loan modification.
Procedural posture

Chapter 13 debtors objected to creditor's claim and creditor filed a motion to allow the claim.

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opinion summary, case decided on October 11, 2006 , LexisNexis #0107-139

In re Venuto

Ruling
Creditor violated discharge injunction by executing on prepetition judgment to remedy a post- cue default.
Procedural posture

Debtors moved to reopen their closed chapter 13 case to obtain further relief from the court, more specifically, for the court to enter an order staying a sheriff's sale of their residence which was scheduled for June 9, 2006.

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opinion summary, case decided on June 06, 2006 , LexisNexis #0107-104