Critical Case Comment – 10th Circuit Says No Default Cures After Month 60

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)

Chapter 13 debtor cannot submit missed payments to the trustee after the 60-month term of the plan has ended in an effort to cure defaults in the plan. (Bacharach) Kinney v. HSBC Bank USA, N.A., 5 F.4th 1136 (10th Cir. July 23, 2021)

Case Summary

Margaret Kinney filed a Chapter 13 plan proposing to maintain payments on her mortgage to HSBC Bank during the term of the plan. Unfortunately, in March of 2018, disaster struck Ms. Kinney when she was involved in . . .

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