Legal Opinion

In re Unacha

United States Bankruptcy Court, D. Massachusetts

Decided April 23, 2019No. Case No. 18-40036-EDK; Case No. 18-41098-EDK; Case No. 18-41136-EDKPublished

1Opinion of the Court

Elizabeth D. Katz, United States Bankruptcy Judge

Each of the debtors in the three cases currently before the Court (the "Debtors") commenced voluntary individual Chapter 13 cases under the United States Bankruptcy Code (the "Bankruptcy Code" or the "Code")1 in order to (at least in part)

*694cure prepetition defaults on mortgage loans in an effort to retain their real properties and prevent foreclosure. Each of the Debtors has proposed what is colloquially referred to as a "cure and maintain" Chapter 13 plan (the "Plans"), i.e. they propose to cure their mortgage loan defaults over the applicable…

2Cases cited3 opinions

  1. In Re EulianoUnited States Bankruptcy Court, D. Massachusetts · 2010
  2. In re TosiUnited States Bankruptcy Court, D. Massachusetts · 2016
  3. Austin v. BankowskiDistrict Court, D. Massachusetts · 2014

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