Bankr. No.:
04-40185
Chapter:
13
Date of Decision:
June 4, 2004
Issue:
Whether the debtor may make her regular monthly mortgage payments directly to the creditor while she is curing the arrearage through her plan where the creditor wanted the payments to be made through the case trustee?
Ruling:
Pursuant to ยง 1326(c) and relevant case law, the Court allowed the debtor to make her regular monthly mortgage payments directly to the creditor. Since the feasibility of her plan was marginal, however, the Court further ordered that should the debtor default on the direct payments, the creditor could file an affidavit of default and all subsequent payments would have to be made through the case trustee.
Full Bankruptcy Court Decision:
