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IN RE CAIN

No. 04-1372.

423 F.3d 617 (2005)

In re: Charles Joyce CAIN and Chris Alan Cain, Debtors. Charles Joyce Cain and Chris Alan Cain, Plaintiffs-Appellants, v. Wells Fargo Bank, N.A., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 16, 2005.

Attorney(s) appearing for the Case

ARGUED: Allan J. Rittenhouse, Iron Mountain, Michigan, for Appellants. Ronald E. Greenlee, Kendricks, Bordeau, Adamini, Chilman & Greenlee, Marquette, Michigan, for Appellee. ON BRIEF: Allan J. Rittenhouse, Iron Mountain, Michigan, for Appellants. Ronald E. Greenlee, Kendricks, Bordeau, Adamini, Chilman & Greenlee, Marquette, Michigan, for Appellee.

Before: NELSON and BATCHELDER, Circuit Judges; O'MALLEY, District Judge.

OPINION

DAVID A. NELSON, Circuit Judge.

The main question presented in this bankruptcy appeal is whether a default on a residential mortgage may be "cured" through the filing of a Chapter 13 petition and plan after a foreclosure sale but before the expiration of a state-law redemption period. The bankruptcy court and district court held that the plain language of 11 U.S.C. § 1322(c)(1) compels a negative answer...

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