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§ 1322(c)(1)

In re Bardell

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

JPMorgan Chase Bank v. McKinney (In re McKinney)

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

In re Snowden

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