In re Bolton

MEMORANDUM OPINION

FRANK W. ROGER, Bankruptcy Judge.

This opinion is written to correct a misapprehension as to the present status of the law in the Western District of Missouri. In 1982, the Honorable Joel Pelofsky issued his order in the case of In re Taylor, 21 B.R. 179 (Bkrtcy.W.D.Mo.1982). In that order he held that the holder of a deed of trust who had foreclosed prior to the filing of a Chapter 13 petition was barred from any action in regard to the foreclosed real* estate and that the right of redemption was property of the estate in a Chapter 13 case. That order was appealed to the…