William J. Wade, Trustee v. Ronnie Hannon, Rosetta Hannon, Donald Neal Rake, Linda Jean Rake, Earnest William Yell, Mary Kathryn Yell
Court of Appeals for the Tenth Circuit
1Opinion of the Court
LOGAN, Circuit Judge.
This consolidated ease involves the interplay between 11 U.S.C. § 506(b) (as construed by United States v. Ron Pair Enterprises, Inc., 489 U.S. 235, 109 S.Ct. 1026, 103 L.Ed.2d 290 (1989)), 11 U.S.C. § 1325(a)(5)(B), and 11 U.S.C. § 1322(b). 1 The issue before us is whether debtors under a Chapter 13 bankruptcy plan who cure a default on the mortgage of their principal residence may be required to pay interest on the arrearage to an oversecured creditor. This issue has been considered by five other circuits, which have split four to one. 2 The issue has also divided the…
2Cases cited13 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Patterson v. ShumateSupreme Court of the United States · 1992
- Toibb v. RadloffSupreme Court of the United States · 1991
- Memphis Bank & Trust Company v. Linda Gail WhitmanCourt of Appeals for the Sixth Circuit · 1982
- Appeal of Lynnwood G. Capps, Barbara J. Capps, Commonwealth Eastern Mortgage CorporationCourt of Appeals for the Third Circuit · 1987
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3Cited by5 opinions
- Richards v. Citicorp Mortgage, Inc. (Richards)United States Bankruptcy Court, D. Massachusetts · 1993
- Wade v. Hatcher (In Re Hatcher)Bankruptcy Appellate Panel of the Tenth Circuit · 1997
- In re CoughlinUnited States Bankruptcy Court, E.D. New York · 2017
- Matter of ArveloUnited States Bankruptcy Court, D. New Jersey · 1995
- In re: Bradley J. Koetters and Kelly N. KoettersUnited States Bankruptcy Court, C.D. Illinois · 2026