In re Alvarez
Sep
06
2011
Ruling
Mortgage creditor not entitled to claim for attorneys' fees incurred in filing foreclosure action.
Procedural posture
Debtor filed a petition under Chapter 13 of the Bankruptcy Code, and a mortgagee filed claim against the debtor's bankruptcy estate, seeking payment of attorney fees it incurred to file a foreclosure action against real property the debtor owned. The debtor filed an objection to the mortgagee's claim and the mortgagee filed an objection to a plan the debtor proposed for repaying her creditors.
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Court
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