From the Editor – Curing Default

By The Honorable William Houston Brown (Retired)

Debtor could cure default beyond 60 months. Agreeing with In re Klaas, 858 F.3d 820 (3d Cir. 2017), bankruptcy court had discretion to permit debtors to cure plan default, allowing a reasonable grace period beyond the 60 months of confirmed plan. Dismissal of the case for plan default was not required under § 1307(c), because dismissal was discretionary. Section 1328 does not expressly require that all payments under the plan be made within 60 months. Remand was ordered for the bankruptcy court to consider the non . . .

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