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ACEVES v. U.S. BANK N.A.

No. B220922.

192 Cal.App.4th 218 (2011)

CLAUDIA JACQUELINE ACEVES, Plaintiff and Appellant, v. U.S. BANK NATIONAL ASSOCIATION, as Trustee, etc., Defendant and Respondent.

Court of Appeals of California, Second District, Division One.

As modified February 9, 2011.

Attorney(s) appearing for the Case

Dennis Moore ; and Nick A. Alden for Plaintiff and Appellant.

Brooks Bauer , Michael R. Brooks and Bruce T. Bauer for Defendant and Respondent.

OPINION

MALLANO, P. J.—

As alleged in this case, plaintiff, a married woman, obtained an adjustable rate loan from a bank to purchase real property secured by a deed of trust on her residence. About two years into the loan, she could not afford the monthly payments and filed for bankruptcy under chapter 7 of the Bankruptcy Code (11 U.S.C. §§ 701-784). She intended to convert the chapter 7 proceeding to a chapter 13 proceeding...

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