From the Editor – Curing Defaults

By The Honorable William Houston Brown (Retired)

Delaying payment of mortgage to pay debtor’s attorney is not permitted. The district court held that it was a violation of § 1322(b)(2) to delay payment of the residential mortgage while accumulating funds to pay in lump sum the debtor’s attorney’s fee. The cure and maintain provisions of § 1322(b)(5) did not permit the debtor to incur postpetition default in mortgage obligation. United Financial Credit Union v. Maike (In re Maike), _________F.Supp.2d_________, 2016 WL 1391855 (E.D. Mich. 2016).

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