Legal Opinion
Deutsche Bank National Trust Co. v. Tucker
Court of Appeals for the Sixth Circuit
Decided September 15, 2010No. 09-5867PublishedCited by 35 opinions
1Opinion of the Court
OPINION
JONKER, District Judge.
Deutsche Bank holds an undersecured home mortgage from Katherine Marie Tucker, the Chapter 13 debtor. Ms. Tucker was in arrears on the debt at the time of filing, but wants to retain possession and control of her home. Accordingly, she proposes in her Chapter 13 plan to cure the arrearage, as required by 11 U.S.C. § 1322(e). The question is whether the proper arrearage amount includes fees and costs permitted by the contract terms and applicable nonbankruptcy law even though Deutsche Bank is undersecured. This Court accepted certification of the question from the…
2Cases cited6 opinions
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- United States v. Norbert PlavcakCourt of Appeals for the Sixth Circuit · 2005
- In Re HarkoBankruptcy Appellate Panel of the Second Circuit · 1997
- Ruehle v. Educational Credit Management Corp. (In Re Ruehle)Bankruptcy Appellate Panel of the Sixth Circuit · 2004
- In Re ThompsonUnited States Bankruptcy Court, S.D. Ohio · 2007
1 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Willie Ousley v. Comm'r of Soc. Sec.Court of Appeals for the Sixth Circuit · 2018
- Lyda v. City of Detroit, Mich. (In Re City of Detroit, Mich.)Court of Appeals for the Sixth Circuit · 2016
- United States v. Robinson (In Re Robinson)Court of Appeals for the Sixth Circuit · 2014
- Does v. SnyderDistrict Court, E.D. Michigan · 2015
- State of Tenn. v. Michael CorrinCourt of Appeals for the Sixth Circuit · 2017
30 more not listed; retrieve them via the Exa API.