In re Hinkle, No. 5-11-bk-00537 RNO, 2012 WL 2510344, at *5 (Bankr. M.D. Pa. July 2, 2012) (Opel)

Citing Enewally v. Washington Mutual Bank (In re Enewally), 368 F.3d 1165 (9th Cir. May 27, 2004) (Canby, Rymer, Thomas), plan cannot modify unprotected mortgage for payment beyond length of plan under § 1325(d) except to cure and maintain payments under § 1322(b)(5). Plan proposed to modify mortgage secured by a residence and commercial property to extend loan maturity date, reduce principal balance to reflect surrender of a portion of the collateral and change the interest rate. “Section 1322(b)(2) does allow a Chapter 13 debtor to modify a secured claim, other than a claim secured only by the debtor’s principal residence. . . . Where modification is permitted under § 1322(b)(2), it is also subject to the limitations of § 1322(d) . . . . [T]he subject Plan is not a permissible ‘cure and maintain’ plan under § 1322(b)(5) where regular payments would continue during and after the plan and pre-petition arrearages would be cured through the plan. Neither is it an acceptable modification under § 1322(b)(2) with payment of the allowed secured Claim during the term of the Plan.”

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