Summary
ongoing mortgage payments need not be paid through the trustee even when the plan provides for cure of a mortgage default
Summary of this case from In re DunnOpinion
No. 07-56337.
Argued and Submitted December 11, 2008.
Filed December 24, 2008.
Linda S. Conway, Orange, CA, for the trustee-appellant.
Bruce D. White, White Roseman, Newport Beach, CA, for the debtor-appellee.
Appeal from the Ninth Circuit Bankruptcy Appellate Panel; Pappas, Brandt, and Markell, Bankruptcy Judges, Presiding. BAP No. CC-06-03159-MkBPA.
Before: JOHN T. NOONAN, BARRY G. SILVERMAN and CARLOS T. BEA, Circuit Judges.
ORDER
Trustee Amrane Cohen appeals the Bankruptcy Appellate Panel's decision affirming the Bankruptcy Court's order confirming Rudy Lopez's Chapter 13 plan. We have jurisdiction pursuant to 28 U.S.C. §§ 158(d) and 1291 and we adopt as our own the well-reasoned published opinion of the Bankruptcy Appellate Panel, In re Lopez, 372 B.R. 40 (9th Cir. BAP 2007).
AFFIRMED.