Legal Opinion

In Re Harding

United States Bankruptcy Court, D. Maryland

Decided February 12, 2002No. 19-10980Published

1Opinion of the Court

MEMORANDUM OF DECISION

DUNCAN W. KEIR, Bankruptcy Judge.

This case is before the court upon confirmation of the debtor’s chapter 13 plan. The plan presents the court with the issue of whether treatment of the secured claim of Industrial Bank (hereafter, the “Bank”) requires payment of postpetition interest on prepetition arrearages. The Bank asserts that this treatment is required by Rake v. Wade, 508 U.S. 464, 113 S.Ct. 2187, 124 L.Ed.2d 424 (1993). In Rake, the Supreme Court determined that in order to satisfy 11 U.S.C. § 1325(a)(5), treatment under a chapter 13 plan must include…

2Cases cited14 opinions

  1. Rake v. WadeSupreme Court of the United States · 1993
  2. United States v. James Frederic ChildressCourt of Appeals for the Fourth Circuit · 1996
  3. National City Bank v. Plechaty (In Re Plechaty)Bankruptcy Appellate Panel of the Sixth Circuit · 1997
  4. In Re BagneUnited States Bankruptcy Court, E.D. California · 1998
  5. In Re BumgarnerUnited States Bankruptcy Court, D. South Carolina · 1998

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