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The Chapter 13 Plan: A Cure-All For The Debtor Who Is Not Obligated On A Secured Debt? [2002-12-01]

Larry D. Simons

More and more frequently, bankruptcy courts are encountering Chapter 13 debtors who seek to reorganize secured debt on which they are not an obligor. The issue is: Does the Bankruptcy Code permit a Chapter 13 debtor to cure prepetition arrears and re-instate a mortgage that is not the debtor's mortgage and that the debtor has not assumed?

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