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In re Sacko

Debtor filed a petition under chapter 13 and a plan for repaying his creditors which, inter alia, proposed to cure a delinquency on his residential mortgage. An agent that serviced the debtor's mortgage filed a claim asserting that a company that held that mortgage had a secured claim in the amount of $ 51,766 and was owed $ 19,363.69 in pre-petition arrearages. The debtor filed an objection to the claim.
Debtor's objection to late filed proof of claim upheld in part so that claim for prepetition mortgage arrearage was allowed in reduced amount.
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Consumer case opionion summary, case decided on September 17,2008, LexisNexis #1208-029