Legal Opinion
In Re: Charles Joyce Cain and Chris Alan Cain, Debtors. Charles Joyce Cain and Chris Alan Cain v. Wells Fargo Bank, N.A.
Court of Appeals for the Sixth Circuit
Decided September 16, 2005No. 04-1372PublishedCited by 21 opinions
1Opinion of the Court
OPINION
DAVID A. NELSON, Circuit Judge.
The main question presented in this bankruptcy appeal is whether a default on a residential mortgage may be “cured” through the filing of a Chapter 13 petition and plan after a foreclosure sale but before the expiration of a state-law redemption period. The bankruptcy court and district court held that the plain language of 11 U.S.C. § 1322(c)(1) compels a negative answer. We agree. Like the lower courts, we conclude that regardless of whether a right of redemption survives the sale under state law, § 1322(c)(1) unambiguously designates the foreclosure…
2Cases cited4 opinions
- McCarn v. WyHy Federal Credit Union (In Re McCarn)Bankruptcy Appellate Panel of the Tenth Circuit · 1998
- In Re BeemanUnited States Bankruptcy Court, D. New Hampshire · 1999
- In Re CrawfordUnited States Bankruptcy Court, N.D. Ohio · 1999
- In Re TownsvilleUnited States Bankruptcy Court, E.D. Pennsylvania · 2001
3Cited by21 opinions
- In Re ConnorsCourt of Appeals for the Third Circuit · 2007
- TD Bank, N.A. v. LaPointeBankruptcy Appellate Panel of the First Circuit · 2014
- In re RichterUnited States Bankruptcy Court, C.D. California · 2015
- In Re BardellDistrict Court, N.D. West Virginia · 2007
- In Re JenkinsUnited States Bankruptcy Court, E.D. Arkansas · 2010
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