In re Varner (Case No. 14-51410)

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Debtors submitted a plan for confirmation that modified a mortgage creditor's interest rate. Under § 1322(c)(2), a debtor may modify the payment of a claim for a debt secured by the debtor's principal residence when payments will come due during the life of the plan. The Fourth Circuit in Witt determined that § 1322(c)(2) only allows for the modification of the payment of the claim and not the claim itself. The definition of a claim is broadly construed to include a mortgage creditor's interest rate. Because the debtors proposed to modify the mortgage creditor's interest rate, and therefore its claim, the plan could not be confirmed. 

Date: 
Friday, May 1, 2015
Published: 
Yes
Index Heading: 
Chapter 13 Plans
Affirmed: