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ANDERSON v. HANCOCK

No. 15-1505.

820 F.3d 670 (2016)

William Robert ANDERSON, Jr.; Danni Sue Jernigan, Debtors-Appellants, v. Wayne HANCOCK; Tina Hancock, Creditors-Appellees, John F. Logan, Trustee-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 27, 2016.

Attorney(s) appearing for the Case

ARGUED: Cortney I. Walker , Sasser Law Firm, Cary, North Carolina, for Appellants. Theodore Adelbert Nodell, Jr. , Nodell Glass & Haskell, LLP, Raleigh, North Carolina; John Fletcher Logan , Office of the Chapter 13 Trustee, Raleigh, North Carolina, for Appellees. ON BRIEF: Travis P. Sasser , Sasser Law Firm, Cary, North Carolina, for Appellants. Michael B. Burnett , Office of the Chapter 13 Trustee, Raleigh, North Carolina, for Appellee Logan.

Affirmed in part; reversed in part; and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Judge NORTON joined.

In a case where the rate of interest on the debtors' residential mortgage loan was increased upon default, we consider whether a "cure" under § 1322(b) of the Bankruptcy Code allows their bankruptcy plan to bring post-petition payments back down to the initial rate of interest. We hold that the statute does not allow...

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