The brand new debtor relied on Inside the re also Gregory, 705 F
Significantly, a permanent loans contained in the master plan less than area 1322(b)(5) does not discharge the debt given that borrower finishes the plan. eleven You.S.C. 1328(a)(1).
New Eleventh Circuit explained you to because the debtor selected never to address the loan in her plan, [o]bligations managed along these lines was governed of the preexisting contractual words, maybe not by one supply of your bundle. New most apparent end because the Eleventh Routine informed me is that mortgage try perhaps not delivered to by package and the obligations wasn’t discharged of the personal bankruptcy.
2d 1118 (9th Cir. 1983), a situation felt like before Rake, the spot where the Ninth Circuit stored you to definitely a bankruptcy bundle one to provide[d] to own -0- commission so you can unsecured creditors however released your debt. Прочитать блог