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Proof of Claim

Posted by Jim on August 20, 2003 at 2:54 PM

I hold a 2nd on a Nevada SFR. 1st recorded default and I reinstated ($22,500 including $6k Prop. Tax). My default had Trustee Sale date of 8/13/03. Trustor filed Ch. 13 on 7/24/03. I am unsure what figure to use as the "Total Amount of Claim at Time Case Filed". With my note in default technically the total amount owed me at the time BK filed was over $77,000. The $50,000 note and my $27,000 plus, costs. My guess is the amount I should use is the $27,000 plus figure, not the entire $77,000 plus figure. I don't want the BK trustee to put the entire amount in the "Plan" to be paid over the next 5 years. Does this sound like the right approach?
Thanks for this very valuable forum!


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