ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.
These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.
Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.
The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.
From the Editor – Classification and Cure of Defaults
Print This Article
Link to Post:
By The Honorable William Houston Brown (Retired)
Mortgagee not entitled to default interest rate. If state law permits it and contract provides for default interest and if that rate has become payable prepetition, curing the default requires payment of the default rate, but here mortgage provision for default interest rate was not self-operative, giving mortgagee option to declare entire mortgage debt as matured and to demand default rate. In absence of evidence that mortgagee had informed debtor of its prepetition election to accelerate entire debt, the mortgagee was not entitled to 24% default interest. To . . .
It looks like you are not signed in or registered! This content is only available to members.
Or sign in below:
Related Articles
Expiration of Debt Limits
Critical Case Comment – Debtor Not Current But May Invoke CARES Remedies
Chapter 13 –Success/Benefits & Everything in between
Undervalued and Overworked? It’s Time to Fix Your Bankruptcy Firm’s Finances
Procedural Enlargement of Claims Bar Date
A Tribute to Brett Rodgers
Saldana v. Bronitsky – POV Counter Point
The Uneasy Co-Existence of Federal and State Consumer Remedies in Bankruptcy Cases – the Fourth Circuit Weighs In
Critical Case Comment – Fee Wars: The Battle Over Debtor Attorney Compensation
Practice Pointers for Arguing Motions