In Re Good
United States Bankruptcy Court, D. Idaho
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
- Rake v. WadeSupreme Court of the United States · 1993
- Luzar v. Western Surety Co.Idaho Supreme Court · 1984
- Brown v. PerkinsIdaho Supreme Court · 1996
- Farnsworth v. Dairymen's Creamery Ass'nIdaho Court of Appeals · 1994
- Meritor Mortgage Corp. v. Salazar (In Re Salazar)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
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3Cited by5 opinions
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- In Re MadisonUnited States Bankruptcy Court, N.D. Mississippi · 2006
- Miller v. Ameriquest Mortgage Co. (In Re Laskowski)United States Bankruptcy Court, N.D. Indiana · 2008
- In Re Reorganized Lake Diamond Associates, LLCUnited States Bankruptcy Court, M.D. Florida · 2007
- In Re HardingUnited States Bankruptcy Court, D. Maryland · 2002