Legal Opinion
William Anderson, Jr. v. Wayne Hancock
Court of Appeals for the Fourth Circuit
Decided April 27, 2016No. 15-1505PublishedCited by 14 opinions
1Opinion of the Court
Affirmed in part; reversed in part; and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Judge NORTON joined.
WILKINSON, Circuit Judge:
In a case where the rate of interest on the debtors’ residential mortgage loan was increased upon default, we consider whether a “cure” under § 1322(b) of the Bankruptcy Code allows their bankruptcy plan to bring post-petition payments back down to the initial rate of interest. We hold that the statute does not allow this, as a change to the interest rate on a residential mortgage loan is a “modification” barred by…
2Cases cited13 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
- Till v. SCS Credit Corp.Supreme Court of the United States · 2004
- Ronald E. Grubbs v. Houston First American Savings AssociationCourt of Appeals for the First Circuit · 1984
- Lewis J. Ruskin, Collateral Trustee v. Charles H. Griffiths, Trustee in ReorganizationCourt of Appeals for the Second Circuit · 1959
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Larry Hurlburt v. Juliet BlackCourt of Appeals for the Fourth Circuit · 2019
- United States v. WilliamsCourt of Appeals for the Fourth Circuit · 2006
- In re BrownUnited States Bankruptcy Court, N.D. Indiana · 2016
- In re 1111 Myrtle Ave. Grp., LLCUnited States Bankruptcy Court, S.D. New York · 2019
- Kenneth J. Bauwens v. Revcon Technology Group, Inc.Court of Appeals for the Seventh Circuit · 2019
9 more not listed; retrieve them via the Exa API.