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IN RE TERRY

No. 84-8601.

780 F.2d 894 (1985)

In re Ben W. TERRY, et al., Debtors. FOSTER MORTGAGE CORPORATION, Plaintiff-Appellant, v. Ben Watt TERRY and Cheryl Eileen Terry, Defendants-Appellees. In re Willie J. BIBBS, Debtor. F & M MORTGAGE CORPORATION, Plaintiff-Appellant, v. Willie J. BIBBS, Defendant-Appellee. In re E.Z. CARR, Debtor. FIRST FAMILY MORTGAGE CORPORATION, Plaintiff-Appellant, v. E.Z. CARR, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

As Modified on Denial of Rehearing January 30, 1986.

Attorney(s) appearing for the Case

Thomas E. Prior, Atlanta, Ga., for plaintiff-appellant.

James D. Hollingsworth, Decatur, Ga., for Terry.

Paul C. Parker, Rose Higby Staples, Decatur, Ga., for W.J. Bibbs and E.Z. Carr.

Before RONEY and HILL, Circuit Judges, and TUTTLE, Senior Circuit Judge.

RONEY, Circuit Judge:

In these cases we hold that under Chapter 13 of the Bankruptcy Code, a secured creditor who holds a security interest in the debtor's principal residence is not entitled to receive interest on arrearages, unless the mortgage contract so provides, when the debtor seeks to cure default and reinstate the mortgage.

This appeal consolidates the cases of three debtors in which the essential facts are similar. The lender appellants held mortgages...

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