Robinson, In re
Jun
27
2024
Ruling
Bankruptcy court allowed debtors to cure default on real estate installment contract throughChapter 13 plan, overruling creditor's objections. (Bankr. C.D. Ill.)
Issue(s)
Contents of Plan; Determination of Amount Necessary to Cure Default.
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Court
:
Allegretti, In re
Apr
24
2018
Ruling
Court overruled debtors' objection as bank showed that its fees and costs were in factcommercially reasonable. (Bankr. N.D. Ill.)
Issue(s)
Contents of Plan; Determination of Amount Necessary to Cure Default.
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Court
:
In re Dennis
Feb
15
2013
Ruling
Objection to acceleration fees included in proof of claim overruled.
Procedural posture
Debtor objected to proofs of claim (POCs) filed by claimant, a creditor that was the assignee of debtor's deed of trust and of the two promissory notes which were secured thereby. Though debtor did not contest the principal amounts reflected by the POCs, she objected to acceleration fees that had been charged on each of the two notes on the ground that 11 U.S.C.S. § 1322 provided for the elimination of such fees.
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Court
:
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
:
Deutsche Bank Natl Trust Co. v. Tucker
Sep
15
2010
Ruling
Creditor may add interest, fees and costs recoverable outside bankruptcy to cure amount regardless of whether fully secured.
Procedural posture
The District Court for the Eastern District of Kentucky certified a question to resolve whether the proper arrearage amount to appellant creditor included fees and costs permitted by the contract terms and applicable nonbankruptcy law even though the creditor was undersecured.
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Court
:
Judge or Jurisdiction information not available
In re Thompson
Dec
15
2009
Ruling
Objection to inclusion of costs of title insurance premium incurred in the pre-petition state foreclosure action overruled.
Procedural posture
The debtors, whose real property was subject to a foreclosure action initiated by movant lender, objected to a charge for the costs of a title insurance premium incurred in the pre- petition state foreclosure action as part of the creditor's allowed claim in the chapter 13 bankruptcy case, pursuant to 11 U.S.C.S. § 1322(e).
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Court
:
In re Adejobi
Apr
29
2009
Ruling
Creditor entitled to contract default rate of interest pursuant to underlying agreement.
Procedural posture
A chapter 13 debtor filed a motion to reduce a secured creditor's proof of claim for pre-petition arrears at a contractual default interest rate.
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Court
:
In re Harris
Nov
16
2007
Ruling
Creditor not entitled to payment of interest on interest where not provided for in underlying agreement.
Procedural posture
The debtor moved for confirmation of his uniform chapter 13 plan and for valuation of collateral. The mortgage creditor objected to the plan. At issue was whether the agreement between the debtor and that creditor provided for interest to be earned on arrearage of unpaid interest on the loan.
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Court
:
Case v. Wells Fargo Bank (In re Case)
Oct
31
2006
Ruling
Reconsideration was proper procedure for debtors to contest "interest on interest" chapter 13 plan payments.
Procedural posture
In a consolidated action, plaintiffs, chapter 13 debtor-mortgagors, asserted that their respective defendant creditors were paid "interest on interest" through their respective chapter 13 plans in violation of 11 U.S.C. § 1322(e). All adversary complaints were met with motions to dismiss filed by all creditors.
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Court
:
In re Evans
Jan
20
2006
Ruling
Court sustained debtors' objection to some of a creditor mortgagee's proof of claim for attorneys'fees and costs since the creditor could not make a secured arrearage claim under section 1322(e) if the fees and costs did not first qualify as part of a secured claim under section 506(b).
Procedural posture
In a chapter 13 bankruptcy case, debtors objected to a proof of claim filed by creditor, a mortgagee. More specifically, they objected to the extent of creditor's claim. The court conducted a hearing on the objection.
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Court
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