In Re Johnson
United States Bankruptcy Court, M.D. Tennessee
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
In In re Glenn, 760 F.2d 1428 (6th Cir. 1985), the Sixth Circuit held that a Chapter 13 debtor’s power to cure defaults and reinstate a home mortgage under 11 U.S.C. § 1322(b)(5) 1 ends with the sale of the mortgaged property. These debtors filed Chapter 13 after a courthouse sale of their mortgaged homestead but before the recording of a trustee’s deed to the successful purchaser. Because the “sale” occurred before the petition, these debtors are precluded by Glenn from curing defaults and reinstating the mortgage. The following are findings of…
2Cases cited8 opinions
- Federal Land Bank v. GlennCourt of Appeals for the Sixth Circuit · 1985
- Oregon Ex Rel. Director of the Department of Veterans' Affairs v. Hurt (In Re Hurt)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
- Howell v. TomlinsonCourt of Appeals of Tennessee · 1949
- Fortner v. WilkinsonTennessee Supreme Court · 1962
- In Re ThomasUnited States Bankruptcy Court, N.D. Ohio · 1986
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3Cited by1 opinion
- Agee v. Fenton Poured Walls, Inc. (In Re Agee)United States Bankruptcy Court, E.D. Michigan · 2005