· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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