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A case converted from 7 to 13: Plan Payments and the 60 month Plan
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
(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
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:
The post was migrated from Yahoo.