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RAKE v. WADE

No. 92-621.

508 U.S. 464 (1993)

113 S.Ct. 2187

124 L.Ed.2d 424

RAKE et al. v. WADE, TRUSTEE

Supreme Court of United States.

Decided June 7, 1993.

Attorney(s) appearing for the Case

David A. Carpenter argued the cause for petitioners. With him on the briefs was J. Edwin Poston.

Lawrence A. G. Johnson argued the cause and filed a brief for respondent.

Ronald J. Mann argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Acting Solicitor General Bryson, Assistant Attorney General Gerson, Deputy Solicitor General Wallace, and Alfred J. T. Byrne.

Thomas, J., delivered the opinion for a unanimous Court.

Justice Thomas, delivered the opinion of the Court.

This case requires us to decide whether Chapter 13 debtors who cure a default on an oversecured home mortgage pursuant to § 1322(b)(5) of the Bankruptcy Code, 11 U. S. C. § 1322(b)(5), must pay postpetition interest on the arrearages. We conclude that the holder of the mortgage is entitled to such interest under §§ 506(b) and 1325(a)(5) of the Code.<...

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