In Re Bruce Craig Smith, Debtor. Commercial Federal Mortgage Corporation v. Bruce Craig Smith, David P. Rogers, Jr., Chapter 13 Standing Trustee

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that debtor could not “cure and maintain” mortgage after foreclosure sale in case decided prior to effective date adding § 1322(c)(1)
• holding that a Chapter 13 debtor may cure a default on a mortgage of real property up to the point that a valid foreclosure sale occurs
• in pre-section 1322(c)(1) case, court found that bright-line test setting foreclosure sale as the cut-off date to cure a mortgage debt under section 1322(b
• “The property rights of a debtor in a bankruptcy estate are defined by state law.”
• “A discharge in bankruptcy relieves the debtor from his personal obligations to pay an indebtedness, however, any liens which were perfected as of the time the petition is filed, remain attached to the property.”

Source: CourtListener parenthetical corpus (CC0).