Legal Opinion

Rake v. Wade

Supreme Court of the United States

Decided June 7, 1993No. 92-621PublishedCited by 436 opinions

1Opinion of the CourtJustice Thomas

This case requires us to decide whether Chapter 13 debtors who cure a default on an oversecured home mortgage pursuant to § 1322(b)(5) of the Bankruptcy Code, 11 U. S. C. § 1322(b)(5), must pay postpetition interest on the arrearages. We conclude that the holder of the mortgage is entitled to such interest under §§ 506(b) and 1325(a)(5) of the Code.

I

Petitioners Donald and Linda Rake, petitioners Earnest and Mary Yell, and respondents Ronnie and Rosetta Han-non 1 initiated three separate Chapter 13 bankruptcy proceedings in the Northern District of Oklahoma. In each ease the debtors were in…

2Cases cited9 opinions

United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
Connecticut National Bank v. GermainSupreme Court of the United States · 1992
Caminetti v. United StatesSupreme Court of the United States · 1917
United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
Ex Parte Public National Bank of New YorkSupreme Court of the United States · 1928

4 more not listed; retrieve them via the Exa API.

3Cited by436 opinions

Till v. SCS Credit Corp.Supreme Court of the United States · 2004
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Eugene Telfair v. First Union Mortgage CorporationCourt of Appeals for the First Circuit · 2000
First Union Mortgage Corp. v. Eubanks (In Re Eubanks)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
In The Matter Of T-H New Orleans Limited Partnership, DebtorCourt of Appeals for the Fifth Circuit · 1997

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