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In re Dennis

In re Dennis

Ruling
Objection to acceleration fees included in proof of claim overruled.
Procedural posture

Debtor objected to proofs of claim (POCs) filed by claimant, a creditor that was the assignee of debtor's deed of trust and of the two promissory notes which were secured thereby. Though debtor did not contest the principal amounts reflected by the POCs, she objected to acceleration fees that had been charged on each of the two notes on the ground that 11 U.S.C.S. § 1322 provided for the elimination of such fees.

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Consumer opinion summary, case decided on February 15, 2013 , LexisNexis #0313-065