In re Hudak

Ruling: 
Plan requirement that creditor deem prepetition arrearage contractually current upon confirmation was not an impermissible modification.
Procedural posture: 
The debtor's fourth amended chapter 13 plan of reorganization was before the court. A limited objection thereto filed by her mortgage creditor asserted that certain provisions impermissibly modified the contractual deed of trust rights and lien claim in violation of 11 U.S.C.S. § 1322(b). The debtor argued that the creditor's future failure to comply with the specified language would violate the discharge injunction under 11 U.S.C.S. § 524(i).
Issue: 
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Consumer case opionion summary, case decided on October 24,2008, LexisNexis #1108-128