Rake v. Wade, 508 U.S. 464, 4 (1993)

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Cite as: 508 U. S. 464 (1993)

Opinion of the Court

cases and affirmed. The District Court held that the Chapter 13 provisions relating to the "curing of defaults"—11 U. S. C. §§ 1322(b)(2) and 1322(b)(5)—"do not alter the contract between the parties governing such matters as interest, if any, to be paid on arrearage," and that allowing interest on arrearages would be "improper," since the notes did not provide for it. App. to Pet. for Cert. A-24.

The United States Court of Appeals for the Tenth Circuit reversed. Wade v. Hannon, 968 F. 2d 1036 (1992). The court held that § 506(b) of the Bankruptcy Code, as interpreted in United States v. Ron Pair Enterprises, Inc., 489 U. S. 235 (1989), entitles an oversecured creditor to postpetition interest on arrearages and other charges paid off under a Chapter 13 plan, "even if the mortgage instruments are silent on the subject and state law would not require interest to be paid." 968 F. 2d, at 1042. The Tenth Circuit relied in part on the Sixth Circuit's decision in In re Colgrove, 771 F. 2d 119 (1985), which reached the same result but rested its decision on § 1325(a)(5) as well as § 506(b) of the Bankruptcy Code. Four other Courts of Appeals have held that under the "cure" and "modification" provisions of § 1322(b) a mortgagee is not entitled to interest on home mortgage arrearages.2 We granted certiorari to resolve the conflict. 506 U. S. 972 (1992).

II

Petitioners' Chapter 13 plans proposed to "cure" the defaults on respondent's oversecured home mortgages 3 by establishing repayment schedules for the arrearages. Three interrelated provisions of the Bankruptcy Code determine

2 In re Laguna, 944 F. 2d 542, 545 (CA9 1991), cert. denied, 503 U. S. 966 (1992); Landmark Financial Services v. Hall, 918 F. 2d 1150, 1153-1155 (CA4 1990); Appeal of Capps, 836 F. 2d 773, 776 (CA3 1987); In re Terry, 780 F. 2d 894, 895-896 (CA11 1985).

3 By "home mortgage" we mean an allowed claim secured only by a security interest in the debtor's principal residence. See 11 U. S. C. § 1322(b)(2).

467

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