Middle District of North Carolina
Published on Middle District of North Carolina (https://www.ncmb.uscourts.gov)

Home > Printer-friendly > In re Varner (Case No. 14-51410)

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. 

File: 
PDF icon 1322c_interest rate_Varner_SIGNED1.pdf [1]
Judge: 
Catharine R. Aron [2]
Date: 
Friday, May 1, 2015
Meta Data: 
confirmation of plan, interest rate, Witt, claim
Published: 
Yes
Index Heading: 
Chapter 13 Plans
Affirmed: 

Source URL:https://www.ncmb.uscourts.gov/content/re-varner-case-no-14-51410

Links
[1] https://www.ncmb.uscourts.gov/sites/default/files/opinions/1322c_interest%20rate_Varner_SIGNED1_0.pdf [2] https://www.ncmb.uscourts.gov/content/catharine-r-aron