Central District Consumer Bankruptcy Attorney's Association

1. No
2. No
3. No
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 8/24/2012 6:43:28 P.M. Pacific Daylight Time,
eric.bershatski@gmail.com writes:
Secured Creditor files a POC reflecting a prepetition arrearage which
includes missed mortgage payments for the months of June and July.
The petition date is July 13.
Debtor made the June payment in June, and the July payment on July 15
(AFTER the filing date). Debtor files a Motion for Order Reducing the POC and
attaches evidence of the June payment to her declaration. In other words,Debtor contends she is only ONE month behind, not two.
Creditor opposes the Motion, attaches the payment history and claims the June payment was applied to May because the loan was due for May when the
June payment was received. This would now make the June payment due. No issue here.
Here is my issue: In the opposition, Creditor's representative declares
that "the payment submitted on July 15 was made after the filing of the
bankruptcy petition (post-petition) [incorrectly hyphenated] and thus was NOT
applied to the pre-petition default [incorrectly hyphenated]. Therefore, at
the time of the petition, the Debtor was contractually due for two
payments."
LBR 3015-1(m)(4) states: "With the exception of the payment due for the
month in which the petition is filed (the Filing Month Paymentdate of a payment for the purpose of this subsection is the last day that
the payment may be made without a late charge or penalty. The due date ofthe Filing Month Payment [July] will be the date on which such payment first
becomes due under the terms of the applicable promissory note [July 1]. Ifthat date [July 1] falls on OR BEFORE the petition date [July 13], the
Filing Month Payment will be considered PREPETITION and need not be paid in
order to comply with this subsection."
1. Did the Creditor incorrectly apply the July 15 payment to the
postpetition period?
2. Should it have been applied to the prepetition period?
3. Should the prepetition arrearage be reduced by one mortgage payment? This would reduce the total claim amount.
It just so happens the Debtor is over the secured debt limit by about the same amount as the amount of one mortgage payment.
1. No
2. No
3. No

Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)

In a message dated 8/24/2012 6:43:28 P.M. Pacific Daylight Time,
eric.bershatski@gmail.com writes:



Secured Creditor files a POC reflecting a prepetition arrearage which
includes missed mortgage payments for the months of June and July.


The petition date is July 13.

Debtor made the June payment in June, and the July payment on July 15
(AFTER the filing date). Debtor files a Motion for Order Reducing the
POC and attaches evidence of the June payment to her declaration. In
other words, Debtor contends she is only ONE month behind, not two.

Creditor opposes the Motion, attaches the payment history and claims the
June payment was applied to May because the loan was due for May when the June
payment was received. This would now make the June payment due. No
issue here.

Here is my issue: In the opposition, Creditor's representative declares that "the payment submitted on July 15 was made after the filing of
the bankruptcy petition (post-petition) [incorrectly hyphenated] and thus was
NOT applied to the pre-petition default [incorrectly hyphenated].
Therefore, at the time of the petition, the Debtor was contractually due
for two payments."

LBR 3015-1(m)(4) states: "With the exception of the payment due for
the month in which the petition is filed (the Filing Month Payment), the due
date of a payment for the purpose of this subsection is the last day that the
payment may be made without a late charge or penalty. The due date of
the Filing Month Payment [July] will be the date on which such payment first
becomes due under the terms of the applicable promissory note [July 1].
If that date [July 1] falls on OR BEFORE the petition date [July 13],
the Filing Month Payment will be considered PREPETITION and need not be paid
in order to comply with this subsection."

1. Did the Creditor incorrectly apply the July 15 payment to the
postpetition period?
2. Should it have been applied to the prepetition period?
3. Should the prepetition arrearage be reduced by one mortgage payment?
This would reduce the total claim amount.

It just so happens the Debtor is over the secured debt limit by about the
same amount as the amount of one mortgage payment.

The post was migrated from Yahoo.

Secured Creditor files a POC reflecting a prepetition arrearage which
includes missed mortgage payments for the months of June and July.
The petition date is July 13.
Debtor made the June payment in June, and the July payment on July 15
(AFTER the filing date). Debtor files a Motion for Order Reducing the POC
and attaches evidence of the June payment to her declaration. In other
words, Debtor contends she is only ONE month behind, not two.
Creditor opposes the Motion, attaches the payment history and claims the
June payment was applied to May because the loan was due for May when the
June payment was received. This would now make the June payment due. No
issue here.
Here is my issue: In the opposition, Creditor's representative declares
that "the payment submitted on July 15 was made after the filing of the
bankruptcy petition (post-petition) [incorrectly hyphenated] and thus was
NOT applied to the pre-petition default [incorrectly hyphenated].
Therefore, at the time of the petition, the Debtor was contractually due
for two payments."
LBR 3015-1(m)(4) states: "With the exception of the payment due for the
month in which the petition is filed (the Filing Month Payment), the due
date of a payment for the purpose of this subsection is the last day that
the payment may be made without a late charge or penalty. The due date of
the Filing Month Payment [July] will be the date on which such payment
first becomes due under the terms of the applicable promissory note [July
1]. If that date [July 1] falls on OR BEFORE the petition date [July 13],
the Filing Month Payment will be considered PREPETITION and need not be
paid in order to comply with this subsection."
1. Did the Creditor incorrectly apply the July 15 payment to the
postpetition period?
2. Should it have been applied to the prepetition period?
3. Should the prepetition arrearage be reduced by one mortgage payment?
This would reduce the total claim amount.
It just so happens the Debtor is over the secured debt limit by about the
same amount as the amount of one mortgage payment.
Secured Creditor files a POC reflecting a prepetition arrearage which includes missed mortgage payments for the months of June and July. The petition date is July 13.
Debtor made the June payment in June, and the July payment on July 15 (AFTER the filing date). Debtor files a Motion for Order Reducing the POC and attaches evidence of the June payment to her declaration. In other words, Debtor contends she is only ONE month behind, not two.
Creditor opposes the Motion, attaches the payment history and claims the June payment was applied to May because the loan was due for May when the June payment was received. This would now make the June payment due. No issue here.
Here is my issue: In the opposition, Creditor's representative declares that "the payment submitted on July 15 was made after the filing of the bankruptcy petition (post-petition) [incorrectly hyphenated] and thus was NOT applied to the pre-petition default [incorrectly hyphenated]. Therefore, at the time of the petition, the Debtor was contractually due for two payments."
LBR 3015-1(m)(4) states: "With the exception of the payment due for the month in which the petition is filed (the Filing Month Payment), the due date of a payment for the purpose of this subsection is the last day that the payment may be made without a late charge or penalty. The due date of the Filing Month Payment [July] will be the date on which such payment first becomes due under the terms of the applicable promissory note [July 1]. If that date [July 1] falls on OR BEFORE the petition date [July 13], the Filing Month Payment will be considered PREPETITION and need not be paid in order to comply with this subsection."
1. Did the Creditor incorrectly apply the July 15 payment to the postpetition period?2. Should it have been applied to the prepetition period?3. Should the prepetition arrearage be reduced by one mortgage payment? This would reduce the total claim amount.
It just so happens the Debtor is over the secured debt limit by about the same amount as the amount of one mortgage payment.

The post was migrated from Yahoo.