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Tidewater Fin. Co. v. Curry (In re Curry), 498 F.3d 249 (6th Cir. Dec. 11, 2007) (Pre-petition repossession of automobile did not prevent, under S 1322(b)(2), Chapter 13 debtor from modifying the rights of creditor whose claim was secured by the automobile.)
In re Lafata, 483 F.3d 13 (1st Cir. Apr. 3, 2007) (Anti-modification provision of S 1322(b)(2), prohibiting modification of the rights of a holder of "a claim secured only by a security interest in real property that is the debtor's principal residence," does not apply if the debtor's principal residence only encroaches on the mortgaged property.)
In re Connors, 497 F.3d 314 (3d Cir. Aug. 3, 2007) (Section 1322(c)(1) does not give a Chapter 13 debtor the right to cure a default on a mortgage secured by the debtor's principal residence after the residence is sold at a foreclosure sale. A foreclosure auction of debtor's primary residence occurred pre-petition. Debtor did not exercise any state law right to object to the foreclosure sale and did not redeem within 60 days of the filing, as permitted by S 108(b). After the 60-day period expired, the foreclosure sale purchaser moved to lift the automatic stay so the purchaser could tender the balance of the purchase price and receive the deed. Debtor objected, arguing that he could cure the defaults at any time before the deed is delivered to the foreclosure sale purchaser. The court disagreed, holding that the use of "sold at a foreclosure sale" in S 1322(c)(1) means the foreclosure auction, not subsequent delivery of the deed.)
Scarborough v. Chase Manhattan Mort. Corp. (In re Scarborough), 461 F.3d 406 (3d Cir. Aug. 28, 2006) (Bifurcation of claim secured by multiunit dwelling does not violate anti-modification provision of S 1322(b)(2). Since the claim was secured in part by real property that was not the debtor's principal residence, the claim could be bifurcated.)
In re Wright, 492 F.3d 829 (7th Cir. July 3, 2007) (Creditor holding security interest in Chapter 13 debtor's automobile purchased within 910 days before the filing of the petition is entitled to collect deficiency amount if allowed under state law or contract. Section 1325(a)'s hanging paragraph, added by BAPCPA, provides that S 506 does not apply to such a creditor's claim. By knocking out S 506, the hanging paragraph leaves the parties to their state law and contractual entitlements. Since the debtor's agreement
