Court Locations

Greenbelt
6500 Cherrywood Ln - Greenbelt, MD 20770 - Main Tel: 301-344-8018 map
Baltimore
101 W Lombard St Room 8530 - Baltimore, MD 21201 - Main Tel: 410-962-2688
map

A mortgage loan entered into in 1986 was modified in 1995. The court determined that the Modification and Extension Agreement entered into by the debtor and the secured creditor is a refinancing as referred to in the Legislative History of the Bankruptcy Reform Act of 1994, and that such refinancing constitutes an “agreement” as set out under Section 702(b)(2)(D) of the Bankruptcy Reform Act of 1994. As the Modification was entered into subsequent to enactment, 11 U.S.C. § 1322(e) applies. Accordingly, 11 U.S.C. § 1322(e) and not Rake v. Wade, 508 U.S. 464, 113 S.Ct. 2187 (1993), controls the Bank’s right to interest on the prepetition arrearage as a component of cure of the default.

PDF File: 
Entered: 
2002-02-15
Case: 
01-14507
Judge: 
Duncan W. Keir