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A case converted from 7 to 13: Plan Payments and the 60 month Plan period Runs???
Look at LBR 3015-1(k)(1)(A). Case converted from chapter 7, first plan payment is due 30 days from the date of the conversion.
Law Office of Catherine Christiansen
Certified Specialist, Bankruptcy Law, The State Bar of California Board of Legal Specialization.
On Wednesday, September 3, 2014 4:01 PM, "'Sawyer, Renee' renee@srhlawfirm.com [cdcbaa]" wrote:
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
ADDRESS: 510 W. 6th St., Suite 1220, Los Angeles, CA 90014
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On Mon, Sep 1, 2014 at 4:46 PM, R Grace Rodriguez rgracelaw@gmail.com [cdcbaa] wrote:
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>Dear Members:'
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>PC filed case in May as a 7 as a pro se.
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>Needs to convert to 13 to keep his house. . . .
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>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.
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>Trustee reports him as delinquent in plan because he didn't pay Plan payments from date of FILING of the 7.
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>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
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>order for relief, whichever is earlier
> . . . .
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>11 USC 301(b) "The commencement of a voluntary case under a chapter of this title constitutes an order for relief under such chapter.
>"
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>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?
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>Thanks for the help.
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>
>Renay
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Renay
I have had a 7 to 13 conversions in the last year in the N. Division; Plan payments ran from the date of conversion.
Best regards
Larry Webb
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California Board of Legal Specialization
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