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Topics:

Keywords: Chapter 13 Plan . mortgages .

Topic #32:: Chapter 13: Paying mortgages outside the plan

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Case Summary In re Caraballo, 386 BR 398, Bankr.D.Connecticut, 4/29/2008,

In re Caraballo, 386 BR 398 (Bankr.D.Connecticut 2008)

View this case in Google Scholar: In re Caraballo, 386 BR 398 (Bankr.D.Connecticut 2008)

Topics

Chapter 13 > Plans > Paying Mortgages Outside the Plan

Chapter 13: Paying mortgages outside the plan

3 Cases , IssueID 32
Ch 7 Means Test
Form 22A, Line 42
Ch 13 Means Test
Form 22C Line 47

Topic Description:

Lines of Cases:

A:

Arrearage can be cured in plan while contract payments continue outside plan

B::

"Ride Through" for real estate still exists

C:

Mortgage must be paid inside the plan
  • Type A = Arrearage can be cured in plan while contract payments continue outside plan
  • Type B = "Ride Through" for real estate still exists
  • Type C = Mortgage must be paid inside the plan
  • Type E = "Everything Else"
  • Cases for Zip 81321
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Cases for Zip 81321, Colorado District Bankruptcy Court

Tenth Circuit Cases

No Tenth Circuit cases in database on this topic

Other Circuits

� In re Stonier

Bankr.M.D.Pennsylvania - 417 BR 702 - 2009-11-02 - 13 , NA

Google ID#: 1215713962541319495
(Type A : Arrearage can be cured in plan while contract payments continue outside plan )

Where the Debtors' Modified Plan provides for regular monthly mortgage payments to be made directly to the Mortgagee, and arrearages through the plan, the Trustee CANNOT force the mortgage payments to be made through the plan as well.

� In re Caraballo

Bankr.D.Connecticut - 386 BR 398 - 2008-04-29 - ,

Google ID#: 1257903398197402351
(Type B : "Ride Through" for real estate still exists )

� In re Breeding

Bankr.E.D.Ar. - 366 B.R. 21 - 2007-05-14 - 13 , Above

Google ID#: 7387404966613893375
(Type C : Mortgage must be paid inside the plan )

mortgage must be paid inside the plan in this court. Discusses case law on the issue on both sides.

� In re Stonier

Bankr.M.D.Pennsylvania - 417 BR 702 - 2009-11-02 - 13 , NA

Google ID#: 1215713962541319495
(Type A : Arrearage can be cured in plan while contract payments continue outside plan )

Where the Debtors' Modified Plan provides for regular monthly mortgage payments to be made directly to the Mortgagee, and arrearages through the plan, the Trustee CANNOT force the mortgage payments to be made through the plan as well.

� In re Caraballo

Bankr.D.Connecticut - 386 BR 398 - 2008-04-29 - ,

Google ID#: 1257903398197402351
(Type B : "Ride Through" for real estate still exists )

� In re Breeding

Bankr.E.D.Ar. - 366 B.R. 21 - 2007-05-14 - 13 , Above

Google ID#: 7387404966613893375
(Type C : Mortgage must be paid inside the plan )

mortgage must be paid inside the plan in this court. Discusses case law on the issue on both sides.

All Cases A to Z

  • In re Breeding, 366 B.R. 21 , (Bankr.E.D.Ar. ) 2007-05-14, #7387404966613893375
  • In re Caraballo, 386 BR 398 , (Bankr.D.Connecticut ) 2008-04-29, #1257903398197402351
  • In re Stonier, 417 BR 702 , (Bankr.M.D.Pennsylvania ) 2009-11-02, #1215713962541319495

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