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IN RE BEMAN

Bankruptcy No. 81-B-20416, No. 81 Adv. 6146.

18 B.R. 90 (1982)

In re Donald K. BEMAN and Lynn S. Beman, Debtors.

United States Bankruptcy Court, S.D. New York.

February 8, 1982.

Attorney(s) appearing for the Case

Sidney Turner, White Plains, N.Y., for Citizens First Nat. Bank of New Jersey, plaintiff.

Jeffrey L. Sapir, Yonkers, N.Y., for Donald K. Beman and Lynn S. Beman, debtors.

HOWARD SCHWARTZBERG, Bankruptcy Judge.

This controversy raises the issue as to whether or not a creditor holding a secured claim in a Chapter 13 case must lose its secured status for distribution purposes for having failed to file a proof of claim before the conclusion of the Code § 341(a) creditors' meeting. The language in Bankruptcy Rule 13-302(e)(1) suggests that the tardy claim be treated as unsecured for distribution purposes, unless the application of...

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