In re Baca

Ruling: 
Creditor estopped from claiming prepetition amounts beyond those in its response to chapter 13 trustee's notice of final cure payment.
Procedural posture: 
A chapter 13 trustee filed a notice of final cure payment under Fed. R. Bankr. P. 3002.1(f). The creditor responded, indicating that postpetition amounts remained due. The parties stipulated that the creditor's proof of claim was secured by the debtors' principal residence. The debtors orally moved that the creditor be estopped from later claiming any postpetition arrearages under the mortgage in excess of the amount specified in its response.
Issue: 
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Consumer case opionion summary, case decided on December 20,2012, LexisNexis #0113-063