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DEUTSCHE BANK NAT. TRUST CO. v. TUCKER

No. 09-5867.

621 F.3d 460 (2010)

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee, by and through its servicer Countrywide Home Loans, Inc., Petitioner-Appellant, v. Katherine Marie TUCKER; Beverly M. Burden, Trustee; Office of the U.S. Trustee, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 15, 2010.

Attorney(s) appearing for the Case

ARGUED: Nathan L. Swehla , Lerner, Sampson & Rothfuss, Cincinnati, Ohio, for Appellant. John M. Simms , Atkinson, Simms & Kermode, Lexington, Kentucky, Anne Marie Regan , Kentucky Equal Justice Center, Louisville, Kentucky, for Appellees. ON BRIEF: Nathan L. Swehla , Lerner, Sampson & Rothfuss, Cincinnati, Ohio, for Appellant. J.D. Kermode, Atkinson , Simms & Kermode, Lexington, Kentucky, Anne Marie Regan , Kentucky Equal Justice Center, Louisville, Kentucky, Michael L. Rice , Erlanger, Kentucky, James P. McHugh , Legal Aid of the Bluegrass, Covington, Kentucky, for Appellees.

Before SUTTON and McKEAGUE, Circuit Judges; JONKER, District Judge.

OPINION

JONKER, District Judge.

Deutsche Bank holds an undersecured home mortgage from Katherine Marie Tucker, the Chapter 13 debtor. Ms. Tucker was in arrears on the debt at the time of filing, but wants to retain possession and control of her home. Accordingly, she proposes in her Chapter 13 plan to cure the arrearage, as required by 11 U.S.C. § 1322(e). The question is whether the proper arrearage amount includes fees and costs permitted by the contract...

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