Wells Fargo Bank Minnesota N.A. v. Guarnieri

RULING ON APPEAL FROM BANKRUPTCY COURT

KRAVITZ, District Judge.

This is an appeal [doc. # 1] from an order of the United States Bankruptcy Court, District of Connecticut (Weil, B.J.) sustaining the debtor Patricia Ann Guarnieri’s objection to a mortgage lender’s claim for post-acceleration, pre-petition late charges in the context of a “cure and maintenance” of the debt under § 1322(b)(5) of the Bankruptcy Code, 11 U.S.C. § 1322(b)(5). In re Guarnieri, 297 B.R. 365 (Bankr.D.Conn.2003). The Court AFFIRMS.

I

The facts are set forth in greater detail in Judge Weil’s opinion, familiarity with which…