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APPEAL OF CAPPS

No. 87-1182.

836 F.2d 773 (1987)

Appeal of Lynnwood G. CAPPS, Barbara J. Capps, Commonwealth Eastern Mortgage Corporation.

United States Court of Appeals, Third Circuit.

Decided December 9, 1987.

Attorney(s) appearing for the Case

Leslie J. Carson, Jr. (argued), Philadelphia, Pa., for appellant.

Mitchell W. Miller (argued), Miller and Miller, Philadelphia, Pa., for appellee.

Before WEIS and STAPLETON, Circuit Judges, and DIAMOND, District Judge

OPINION OF THE COURT

STAPLETON, Circuit Judge.

This appeal requires us to determine whether the Bankruptcy Code provides that a Chapter 13 debtor who seeks to cure a home mortgage default must pay interest on mortgage arrearages, even though the mortgage contract does not itself provide for such payments. Both the bankruptcy court and the district court concluded that the debtor need not make interest payments. We reach the same conclusion.

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