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· 7/20/1982

In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim Trustee

Citations

  • 685 F.2d 24
  • 6 Collier Bankr. Cas. 2d 1201
  • 67 A.L.R. Fed. 207
  • 1982 U.S. App. LEXIS 17289
  • 9 Bankr. Ct. Dec. (CRR) 556

How courts have described this case

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

  • holding that state redemption statutes control after a foreclosure sale regardless of when the mortgage is extinguished under state law
  • noting that pre-bankruptcy events may be considered in the court’s reasonable time determination
  • “Curing a default commonly means taking care of the triggering event and returning to pre-default conditions. The consequences are thus nullified.”
  • “[C]uring a default, even though it inevitably changes a contractual acceleration clause, does not thereby ‘impair’ a creditor’s claim.”
  • \Curing a default commonly means taking care of the triggering event and returning to pre-default conditions. The consequences are thus nullified.\
  • observing “the power to cure [and maintain] must comprehend the power to ‘de-accelerate,’” adding “[t]his follows from the concept of ‘curing a default’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Friendly, Lumbard, Newman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.