In Re Young
United States Bankruptcy Court, E.D. Wisconsin
1Opinion of the Court
MEMORANDUM OPINION SUSTAINING OBJECTION TO CLAIM
SUSAN V. KELLEY, Bankruptcy Judge.
In Rake v. Wade, resolving a split among the Circuits, the Supreme Court held that when a chapter 13 debtor proposes to cure a default on a home- mortgage, the mortgage creditor is entitled to interest on the mortgage arrearages, i.e., interest on interest, even if such interest is not provided in the note and mortgage between the parties. 508 U.S. 464, 113 S.Ct. 2187, 124 L.Ed.2d 424 (1993). The following year, Congress amended § 1322(e) of the Bankruptcy Code to state that the amount necessary to cure a…
2Cases cited9 opinions
- Rake v. WadeSupreme Court of the United States · 1993
- Appeal of Lynnwood G. Capps, Barbara J. Capps, Commonwealth Eastern Mortgage CorporationCourt of Appeals for the Third Circuit · 1987
- In Re HarkoBankruptcy Appellate Panel of the Second Circuit · 1997
- In Re: Lee M. Till and Amy M. Till, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 2002
- In Re StamperUnited States Bankruptcy Court, N.D. Illinois · 1988
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3Cited by3 opinions
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- Neria v. Wells Fargo Bank, N.A.United States Bankruptcy Court, N.D. Texas · 2022