IN RE SMITH

No. 94-6802.

85 F.3d 1555 (1996)

In re Bruce Craig SMITH, Debtor. COMMERCIAL FEDERAL MORTGAGE CORPORATION, Plaintiff-Appellant, v. Bruce Craig SMITH, Defendant-Appellee. David P. Rogers, Jr., Chapter 13 Standing Trustee, Defendant.

United States Court of Appeals, Eleventh Circuit.

June 26, 1996.


Attorney(s) appearing for the Case

Vicki A. Bell, Huntsville, AL, for Appellant.

Bradford W. Botes, Ted Stuckenschneider, Birmingham, AL, for Appellee.

Before BIRCH and CARNES, Circuit Judges, and SIMONS, Senior District Judge.


BIRCH, Circuit Judge:

This case focuses on whether a debtor, whose primary residence has been sold in a prepetition foreclosure proceeding, but who has retained his statutory right of redemption under Alabama law, can cure his default under the mortgage and redeem his property after the foreclosure sale by paying arrearage through his Chapter 13 plan and maintaining regular mortgage payments outside the plan. Both the district...

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