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IN RE CHAFFEE

No. 13-10086 B.

513 B.R. 215 (2014)

In re Kelly J. CHAFFEE, Debtor.

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

Signed July 1, 2014.

Attorney(s) appearing for the Case

Dennis C. Gaughan, Esq. , Hamburg, NY, for Debtor.

McCabe, Weisberg and Conway, PC, Charles Higgs, Esq. , of counsel, New Rochelle, NY, for HSBC.

Albert J. Mogavero, Esq. , Buffalo, NY, Chapter 13 Trustee.

DECISION & ORDER

CARL L. BUCKI, Chief Judge.

The debtor in this Chapter 13 proceeding has objected to the amount of arrears that a mortgagee has claimed as due in its proof of claim. The central issue is whether a "simple daily interest" method of calculation violates the limitations on late charges in section 254-b of the New York Real Property Law.

Kelly J. Chaffee filed a petition for relief under Chapter 13 of the Bankruptcy Code on...

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