IN RE THOMPSON

Nos. HK 81 02117, NG 81 03222 and NK 81 01340, Adv. No. 81 1317, 81 0632 and 81 620.

17 B.R. 748 (1982)

In re Gary F. THOMPSON, Debtor. Gary F. THOMPSON, Plaintiff, v. GREAT LAKES FEDERAL SAVINGS AND LOAN ASSOCIATION, Defendant. In re James R. ENSLEY and Barbara J. Ensley, Debtors. MUTUAL HOME FEDERAL SAVINGS AND LOAN ASSOCIATION, Plaintiff, v. James R. ENSLEY and Barbara J. Ensley, Raymond Johnson, Trustee, Defendants. In re Vernon WADE, Debtor. Vernon WADE, Plaintiff, v. WATERFIELD MORTGAGE COMPANY, Defendant. COLONIAL MORTGAGE COMPANY OF INDIANA, Plaintiff, v. Vernon WADE, Defendant.

United States Bankruptcy Court, W.D. Michigan.

February 18, 1982.


Attorney(s) appearing for the Case

Edward R. Barton, Allegan, Mich., for Gary F. Thompson.

David K. Ryan, Battle Creek, Mich., for Great Lakes Federal Sav. and Loan Ass'n.

Warner, Norcross & Judd, Patrick E. Mears, Grand Rapids, Mich., for Mut. Home Federal Sav. and Loan Ass'n.

Sprik & Anderson, David C. Anderson, Grand Rapids, Mich., for James R. Ensley and Barbara J. Ensley, Raymond Johnson.

Philip A. Brown, St. Joseph, Mich., for Vernon Wade.

Russell & Batchelor, James W. Batchelor, Grand Rapids, Mich., for Waterfield Mortg. Co. and Colonial Mortg. of Indiana.

Before DAVID E. NIMS, Jr. and LAURENCE E. HOWARD, Bankruptcy Judges.


OPINION

CHAPTER 13—CURING MORTGAGE DEFAULTS

These cases are before the court on the same question involving the construction of 11 U.S.C. § 1322(b)(5) which provides for the treatment of real estate mortgages in a Chapter 13 plan. In each case the debtor gave a mortgage on real estate which was the subject of a foreclosure sale prior to the filing of the debtor's petition. These debtors seek to protect their interests in the real estate by...

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