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§ 1322(b)(5)

Prescott, In re--Prescott v. Wells Fargo Bank, N.A.

Ruling: 
Mortgagee breached the court's cure order by trying to collect a payment the order hadeliminated. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on July 29,2019, LexisNexis #0919-096

Unacha, In re

Ruling: 
Chapter 13 plan could be confirmed over a creditor's objection solely on the grounds that aban modification could not constitute cure. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on April 23,2019, LexisNexis #0619-098

Lee, In re

Ruling: 
Debtor's objection sustained where terms of a confirmed plan had preclusive effect to themortgage arrearage amount provided for in the plan. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on May 08,2018, LexisNexis #0618-057

In re Yotis

Ruling: 
Creditor's postpetition mortgage fees and expenses allowed to the extent necessary to cure debtor's default.
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Consumer case opionion summary, case decided on February 04,2016, LexisNexis #0316-030

In re Adkins

Ruling: 
Plan proposing payment of "910 vehicle" claim as long-term debt with non-Till rate of interest unfairly discriminated against other unsecured claims.
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Consumer case opionion summary, case decided on May 14,2015, LexisNexis #0615-063

In re Lighty

Ruling: 
Mortgage creditor entitled to attorneys' fees and expenses of filing proofs of claim pursuant to default terms of mortgage.
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Consumer case opionion summary, case decided on July 21,2014, LexisNexis #0814-135

In re Hall

Before the court was a third amended chapter 13 plan filed by debtors, an objection to confirmation of the plan filed by creditor, a response filed by debtors, a motion for summary judgment filed by the creditor, and a resistance filed by debtors.
Ruling: 
Confirmation denied as proposing lien modification to which creditor had not agreed.
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Consumer case opionion summary, case decided on July 15,2013, LexisNexis #0813-067

In re Holman

A creditor filed a motion for relief from the automatic stay to allow it to enforce its lien against a chapter 13 debtor's principal residence. The creditor also requested relief from the obligations imposed by Fed. R. Bankr. P. 3002.1 to provide notice of any changes in the payment amount to the debtor, debtor's counsel, and the chapter 13 trustee. The chapter 13 trustee agreed with the creditor, while the U.S. Trustee (UST) objected.
Ruling: 
Mortgage creditor's cure and maintenance claim was still "provided for" in plan even after relief from stay was granted.
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Consumer case opionion summary, case decided on March 15,2013, LexisNexis #0413-098

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