Saturday, December 8, 2007

In re Gagne, 2007 BNH 041

Overruling the debtor’s objection to the mortgagee’s claim on the grounds that only 11 U.S.C. § 1322(e), and not 11 U.S.C. § 506(b), determines the amount a debtor must pay to cure an arrearage through a chapter 13 plan and concluding that under NH state law and the terms of the debtor’s mortgage the attorney’s fees and costs requested by the mortgagee in this case were reasonable and must be paid through the debtor’s plan.

Date of decision: 11/21/07

Full opinion click here.