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Perhaps 1305(a) applies through 348(b).
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Tuesday, May 6, 2014 1:04 PM, Mark J. Markus wrote:
Debtor's Chapter 7 case is converted to Chapter 13 on January 3.
As debtor usually did, he made his January mortgage payment on
January 15. Creditor applied this to his first "postpetition"
(February) payment and now threatens to file a POC claiming an
arrearage.
Is this really a prepetition arrearage if it was due
preconversion? Section 348 doesn't seem to mandate a change in
the petition date for this purpose, but I may be missing
something.
Someone enlighten me please
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California Board of Legal Specialization
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