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Reply-To: "Sawyer, Renee"
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To: cdcbaa@yahoogroups.com
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It's as of the date of conversion.
S. Renee Sawyer Blume
Attorney at Law
Simon Resnik Hayes LLP
(213) 572-0800
fax: (213) 572-0860
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On Mon, Sep 1, 2014 at 4:46 PM, R Grace Rodriguez rgracelaw@gmail.com
[cdcbaa] wrote:
>
>
> Dear Members:'
>
> PC filed case in May as a 7 as a pro se.
>
> Needs to convert to 13 to keep his house. . . .
>
> Motion to convert granted as of August 2012. Began making plan payments
> September and is counting on 60 months from the date of conversion. Last
> payment August 2017, five years after conversion order.
>
> Trustee reports him as delinquent in plan because he didn't pay Plan
> payments from date of FILING of the 7.
>
> *RESEARCH*:
> In re Profit, 283 B.R. 567 (9th Cir. B.A.P. 2002)
>
>
> The 60-month period begins to run from the date the first plan payment is
> due
> 11 USC, 1326
> (a)(1) Unless the court orders otherwise, the debtor shall commence
> making payments not later than 30 days after the date of the
> * >
> * > . . . .
>
> 11 USC 301(b) "
> The commencement of a voluntary case under a chapter of this title
> constitutes an order for relief under such chapter.
> ">
> *IS THIS THE CORRECT RESULT?*: Plan payments begin 30 days after you
> file the petition regardless of when you convert, and if you convert many
> months after filing, you have to make up the difference?
>
>
>
> Thanks for the help.
>
> Renay
>
>
>
It's as of the date of conversion.Needs to convert to 13 to keep his house. . . .
Motion to convert granted as of August 2012. Began making plan payments September and is counting on 60 months from the date of conversion. Last payment August 2017, five years after conversion order.
Trustee reports him as delinquent in plan because he didn't pay Plan payments from date of FILING of the 7.
RESEARCH:
The post was migrated from Yahoo.
A case converted from 7 to 13: Plan Payments and the 60
I didn't research this issue at all and never worked on a 13 but IMO 11
U.S.C. 348 (a) "Conversion of a case from a case under one chapter of this
title to a case under another chapter of this title constitutes an order
for relief under the chapter to which the case is converted..." should be
controlling.
Sincerely,
Michael Avanesian
On Mon, Sep 1, 2014 at 4:46 PM, R Grace Rodriguez rgracelaw@gmail.com
[cdcbaa] wrote:
>
>
> Dear Members:'
>
> PC filed case in May as a 7 as a pro se.
>
> Needs to convert to 13 to keep his house. . . .
>
> Motion to convert granted as of August 2012. Began making plan payments
> September and is counting on 60 months from the date of conversion. Last
> payment August 2017, five years after conversion order.
>
> Trustee reports him as delinquent in plan because he didn't pay Plan
> payments from date of FILING of the 7.
>
> *RESEARCH*:
> In re Profit, 283 B.R. 567 (9th Cir. B.A.P. 2002)
>
>
> The 60-month period begins to run from the date the first plan payment is
> due
> 11 USC, 1326
> (a)(1) Unless the court orders otherwise, the debtor shall commence
> making payments not later than 30 days after the date of the
> * filing of the plan* or the
>
> * order for relief*, whichever is earlier
> . . . .
>
> 11 USC 301(b) "
> The commencement of a voluntary case under a chapter of this title
> constitutes an order for relief under such chapter.
> "
>
> *IS THIS THE CORRECT RESULT?*: Plan payments begin 30 days after you
> file the petition regardless of when you convert, and if you convert many
> months after filing, you have to make up the difference?
>
>
>
> Thanks for the help.
>
> Renay
>
>
>
I didn't research this issue at all and never worked on a 13 but IMO 11 U.S.C. 348 (a) "Conversion of a case from a case under one chapter of this title to a case under another chapter of this title constitutes an order for relief under the chapter to which the case is converted..." should be controlling.
Sincerely, Michael AvanesianOn Mon, Sep 1, 2014 at 4:46 PM, R Grace Rodriguez rgracelaw@gmail.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Dear Members:'
PC filed case in May as a 7 as a pro se.Needs to convert to 13 to keep his house. . . .
Motion to convert granted as of August 2012. Began making plan payments September and is counting on 60 months from the date of conversion. Last payment August 2017, five years after conversion order.
Trustee reports him as delinquent in plan because he didn't pay Plan payments from date of FILING of the 7.
RESEARCH: In re Profit, 283 B.R. 567 (9th Cir. B.A.P. 2002)
The post was migrated from Yahoo.