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

  1. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  2. Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
  3. Till v. SCS Credit Corp.Supreme Court of the United States · 2004
  4. Ronald E. Grubbs v. Houston First American Savings AssociationCourt of Appeals for the First Circuit · 1984
  5. 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

  1. Larry Hurlburt v. Juliet BlackCourt of Appeals for the Fourth Circuit · 2019
  2. United States v. WilliamsCourt of Appeals for the Fourth Circuit · 2006
  3. In re BrownUnited States Bankruptcy Court, N.D. Indiana · 2016
  4. In re 1111 Myrtle Ave. Grp., LLCUnited States Bankruptcy Court, S.D. New York · 2019
  5. 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.

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