17 B 11461
Harvey Edelstein and Kathleen Mastro-Edelstein (the “Debtors”) filed a motion seeking a determination, pursuant to Federal Rule of Bankruptcy Procedure 3002.1(h), that: (1) they cured their pre-petition mortgage arrears owed to Bank of America, N.A. (the “Bank”), and (2) the amount of their post-petition mortgage arrears was $5,494.96. The parties agreed on the amount of post-petition arrears owed; thus, the sole issue was whether the Debtors had cured their pre-petition arrearage. The Debtors argued that because their chapter 13 plan was confirmed after adequate notice to the Bank and they paid the amount of pre-petition arrears listed in that plan, the Bank was not entitled to recover any additional money for pre-petition arrears. The Bank, in turn, argued that the amount of pre-petition arrears owed was governed by the allowed proof of claim that it had filed, to which the Debtors had not objected. The Court held that its order confirming the Debtors’ plan was an enforceable, final judgment that bound the Bank to the plan’s terms, pursuant to the United States Supreme Court’s decision in United Student Aid Funds, Inc. v. Espinosa, 559 U.S. 260 (2010), as well as other applicable authority. As such, the Court ruled that the Debtors had cured their pre-petition mortgage arrears.