Case Name:
ln re Vario In re Boswell
Judge:
Judge Boulden
Date:
Nov-14-1996
Case Number(s):
96B-22208
96B-21913
Status:
UNPUBLISHED
Body:
The standing chapter 13 trustee objected to confirmation of the chapter 13 debtors' proposed plans, which provided for interest payments through the plan on prepetition mortgage default amounts. Since, in both cases, the contracts between the debtors and mortgage holders were entered into after October 22, 1994, 11 U.S.C. § 1322(e) was applicable. Section 1322(e), enacted to overrule Rake v. Wade, 508 U.S. 464 (1993), prohibits the payment of interest on prepetition mortgage defaults unless the underlying contract or applicable non-bankruptcy law so provides. The court sustained the trustee's objection to confirmation, but confirmed both plans as subsequently amended to remove the interest provision.
Internal Ref:
Opinion 395
File: