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
Who Is Stupid Here?
Drummond Receives Professionalism Award
Is Nunc Pro Tunc Really Sunk?
Critical Case Comment – Creditor Not Required to Dismiss Prepetition Nonbankruptcy Action
Happy New Year
From the IRS – Using Strong Password Is a Strong Defense Against Identity Thieves
Travis Sasser
Spectacularly Successful Chapter 13 Cases
Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases – Part II: Thomas v. Midland Funding, LLC
Critical Case Comment – Post-Petition 401(k) Contributions ARE Disposable Income