Legal Opinion
Appeal of Lynnwood G. Capps, Barbara J. Capps, Commonwealth Eastern Mortgage Corporation
Court of Appeals for the Third Circuit
Decided December 9, 1987No. 87-1182PublishedCited by 56 opinions
1Opinion of the Court
OPINION OF THE COURT
STAPLETON, Circuit Judge.
This appeal requires us to determine whether the Bankruptcy Code provides that a Chapter 13 debtor who seeks to cure a home mortgage default must pay interest on mortgage arrearages, even though the mortgage contract does not itself provide for such payments. Both the bankruptcy court and the district court concluded that the debtor need not make interest payments. We reach the same conclusion.
I
Lynnwood and Barbara Capps filed a Chapter 13 bankruptcy petition in the Bankruptcy Court for the Eastern District of Pennsylvania. Appellant Commonwealth…
2Cases cited12 opinions
- In the Matter of Benny L. ROACH and Edith Roach, AppellantsCourt of Appeals for the Third Circuit · 1987
- In Re FriesUnited States Bankruptcy Court, E.D. Pennsylvania · 1986
- In Re SimpkinsUnited States Bankruptcy Court, E.D. Tennessee · 1982
- In Re AsheCourt of Appeals for the Third Circuit · 1982
- In Re EvansUnited States Bankruptcy Court, E.D. Pennsylvania · 1982
7 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Rake v. WadeSupreme Court of the United States · 1993
- First National Fidelity Corp. v. Ruth Perry, Robert M. Wood, TrusteeCourt of Appeals for the First Circuit · 1991
- Sapos v. Provident Institution Of SavingsCourt of Appeals for the Third Circuit · 1992
- In Re JordanUnited States Bankruptcy Court, E.D. Pennsylvania · 1988
- In Re KleinUnited States Bankruptcy Court, E.D. Pennsylvania · 1989
51 more not listed; retrieve them via the Exa API.