United States Sixth Circuit

In Chapter 13 proceedings, bankruptcy court's judgment sustaining the debtor's claim that she need only cure the amount of default that is secured and that the fees and expenses in connection with her underlying mortgage should be treated as unsecured amounts is vacated and remanded as the bank's fees and advances, which were allowed under the parties' agreement and applicable nonbankruptcy law, must be included in the cure amount.

Appellate Information

• Argued 08/05/2010
• Decided 09/15/2010
• Published 09/15/2010

Judges

• JONKER, District Judge

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Nathan L. Swehla, John M. Simms