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In Re D.C. Diamond Head, Inc., 51 B.R. 309 (1985)

Citation
In Re D.C. Diamond Head, Inc., 51 B.R. 309 (1985)
Parent Document
In Re D.C. Diamond Head, Inc., 51 B.R. 309 (1985)
Effective Date
1985-04-22

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738 F.2d 869 (7th Cir.1984), this court held in an analogous Chapter 13 situation, where the bank had obtained a judgment of foreclosure on the debtor’s farm, that “the power to ‘cure’ a default provided by [11 U.S.C.] § 1322(b)(5) permits a debtor to de-accelerate the payments under a note secured by a residential property mortgage.” 738 F.2d at 874 [citations omitted]. We reasoned that the existence of a foreclosure judgment did not alter the result because “in Wisconsin a judgment of foreclosure does nothing but judicially confirm the acceleration.” In re Clark,