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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- RAKE et al. v. WADE, TRUSTEE
- certiorari to the united states court of appeals for
- the tenth circuit
- No. 92-621. Argued March 22, 1993-Decided June 7, 1993
-
- At the time they initiated separate Chapter 13 bankruptcy proceedings,
- petitioners, two pairs of debtors, and another married couple were in
- arrears on long-term promissory notes held by respondent Wade,
- which were secured by the debtors' home mortgages and did not
- provide for interest on arrearages. The value of the residence owned
- by each pair exceeded each note's outstanding balance, making Wade
- an oversecured creditor. In their Chapter 13 plans, the debtors
- proposed to make all future payments due on the notes and cure the
- default on the mortgages by paying off the arrearages without
- interest. Wade objected to each plan on the ground that he was
- entitled to interest and attorney's fees, but the Bankruptcy Court
- overruled the objections, and the District Court affirmed. The Court
- of Appeals reversed, holding that 506(b) of the Bankruptcy Code
- entitled Wade to postpetition interest on the arrearages and other
- charges, even if the mortgage instruments were silent on the subject
- and state law would not require interest to be paid.
- Held: Wade is entitled to preconfirmation and postconfirmation
- interest on the arrearages that were paid off under petitioners' plans.
- Pp. 3-11.
- (a) Three interrelated Bankruptcy Code provisions determine
- whether Wade is entitled to interest. Section 506(b) provides holders
- of oversecured claims with an unqualified right to postpetition
- interest, regardless of whether the agreement giving rise to the claim
- provides for interest, United States v. Ron Pair Enterprises, Inc., 489
- U. S. 235, 241, until a plan's confirmation date. Section 1322(b)(2)
- prohibits debtors from modifying the rights of home mortgage
- lenders, while 1322(b)(5) authorizes debtors to cure any defaults on
- a long-term debt and maintain payments on the debt for the life of
- the plan. Finally, 1325(a)(5) states that ``with respect to each
- allowed secured claim provided for by the plan,'' a plan may be
- confirmed if, inter alia, the holder of the claim retains the lien,
- 1325(a)(5)(B)(i), and the value of the property distributed under the
- plan on account of such claim is not less than the claim's present
- dollar value as of the confirmation date, 1325(a)(5)(B)(ii). Pp. 3-5.
- (b) Under 506(b)'s clear language, Wade is entitled to
- preconfirmation interest on the arrearages. That section directs that
- postpetition interest be paid on all oversecured claims, Ron Pair,
- supra, at 245, and the parties have acknowledged that such interest
- accrues from the petition date until a plan is confirmed. Section
- 1322(b)(5) does not operate to the exclusion of 506(b). While it
- authorizes a plan to provide for payments on arrearages to effectuate
- a cure after the plan's effective date, it does not dictate the cure's
- terms. Specifically, it gives no indication that the arrearages cured
- under the plan may not include interest otherwise available under
- 506(b). This construction of the provisions gives effect to both.
- Pp. 6-7.
- (c) Wade is also entitled to postconfirmation interest under
- 1325(a)(5). There is no support for petitioners' claim that
- 1325(a)(5)(B)(ii) applies only to secured claims that have been
- modified by a Chapter 13 plan and thus does not apply to home
- mortgages which, under 1322(b), are exempt from modification. The
- plans essentially split each of Wade's claims into two claims-the
- underlying debt and the arrearages. While payments on the
- underlying debt were simply ``maintained,'' each plan treated the
- arrearages as a distinct claim to be paid off within the life of the plan
- pursuant to its repayment schedule. Thus, the arrearages, which are
- part of Wade's home mortgage claims, were ``provided for'' by the
- plans, and he is entitled to interest under 1325(a)(5)(B)(ii). Other
- provisions of Chapter 13 containing the phrase ``provided for by the
- plan'' make clear that petitioners' plans provided for Wade's claims.
- See United Savings Assn. of Texas v. Timbers of Inwood Forest
- Associates, Ltd., 484 U. S. 365, 371. Pp. 7-10.
- 968 F. 2d 1036, affirmed.
- Thomas, J., delivered the opinion for a unanimous Court.
-