Attorney(s) appearing for the Case
David M. Still, Philadelphia, Pa., for debtor, Paul A. Bullock a/k/a Paul Bullock.
Paul A. Cohen, Philadelphia, Pa., for the second mortgagee, Military Supply Federal Credit Union.
Jonathan H. Ganz, Pincus, Verlin, Hahn, Reich & Goldstein, Philadelphia, Pa., Trustee.
United States Bankruptcy Court, E.D. Pennsylvania.
EMIL F. GOLDHABER, Bankruptcy Judge:
The predominant issue in the action at bench is whether a debtor may compel the return of payments made to a creditor through postpetition payroll deductions from the salary of a chapter 13 debtor, when such return is sought in conjunction with a conversion of the case to a chapter 7 proceeding. For the reasons expressed below we will order the return of the payments.
The facts of this case are as follows...
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