Legal Opinion

In Re Good

United States Bankruptcy Court, D. Idaho

Decided April 14, 1997No. 19-00236PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

JIM D. PAPPAS, Chief Judge.

This Chapter 13 case is before the Court to consider confirmation of Debtor’s amended plan. This otherwise uncomplicated ease gives rise to an interesting issue of bankruptcy law: may a Chapter 13 plan require that payments made under the plan to cure a home mortgage default be applied by the lender first to the principal portion of the default balance and, thereafter, to accrued interest on the default, contrary to the terms of the underlying promissory note and deed of trust? Debtor’s amended plan contains such a proposal, to which the…

2Cases cited7 opinions

  1. Rake v. WadeSupreme Court of the United States · 1993
  2. Luzar v. Western Surety Co.Idaho Supreme Court · 1984
  3. Brown v. PerkinsIdaho Supreme Court · 1996
  4. Farnsworth v. Dairymen's Creamery Ass'nIdaho Court of Appeals · 1994
  5. Meritor Mortgage Corp. v. Salazar (In Re Salazar)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In Re TudorUnited States Bankruptcy Court, S.D. Ohio · 2005
  2. In Re MadisonUnited States Bankruptcy Court, N.D. Mississippi · 2006
  3. Miller v. Ameriquest Mortgage Co. (In Re Laskowski)United States Bankruptcy Court, N.D. Indiana · 2008
  4. In Re Reorganized Lake Diamond Associates, LLCUnited States Bankruptcy Court, M.D. Florida · 2007
  5. In Re HardingUnited States Bankruptcy Court, D. Maryland · 2002

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API