Ryker v. Current

How courts have described this case

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

• § 506(b), and not § 1322(e), is applicable if plan provides for full payment of claim rather than cure of prepetition default
• “In general, for attorneys’ fees and costs to be part of an allowed secured claim under this section, a creditor must be oversecured and the charges must be: (1) provided for under the agreement under which such claim arose; and (2) reasonable.”
• “This provision [in a Forbearance Agreement] clearly expresses the parties’ intent to allow the [creditor] to pursue all of their rights under the Forbearance Agreement, including the receipt of attorneys’ fees, should [the debtor] default under the agreement and a foreclosure sale occur.”

Source: CourtListener parenthetical corpus (CC0).