Does Section 1322(b)(5) of the New York State Code of Civil Procedure apply to a debtor's plan for long-term mortgage debt?
federal, United States of America
The following excerpt is from Derham-Burk v. Mrdutt (In re Mrdutt), 600 B.R. 72 (B.A.P. 9th Cir. 2019):
2 The Mrdutts' "cure and maintain" plan for a long-term mortgage debt is authorized by 1322(b)(5), which allows a debtor's plan to provide for the curing of any prepetition default within a reasonable time and maintaining postpetition mortgage payments while the case is pending. See Cohen v. Lopez (In re Lopez), 372 B.R. 40 (9th Cir. BAP 2007), aff'd, 550 F.3d 1202 (9th Cir. 2008).
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