- FRBP
Bins, In re
Jun
13
2025
Ruling
Creditor’s amended claim for final cure payments disallowed due to failure to provide accurate response to trustee’s notice regarding amounts due. (Bankr. W.D. Tenn.)
Issue(s)
Notice Relating to Claims Secured By Security Interest in the Debtor’s Principal Residence.
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- FRBP
Himes, In re
Mar
03
2025
Ruling
Court sanctioned bank for inaccurate response to notice regarding debtors' payment status. (Bankr. E.D. Wis.)
Issue(s)
Notice Relating to Claims Secured By Security Interest in the Debtor’s Principal Residence.
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:
- FRBP
Trevino, In re--Trevino v. HSBC Mortg. Servs.
Jan
31
2020
Ruling
Mortgage servicer ordered to pay fees and damages for attempting to collect ad valorem taxeson debtor's property pursuant to false 3002.1 notice. (Bankr. S.D. Tex.)
Issue(s)
Notice Relating to Claims Secured By Security Interest in the Debtor’s Principal
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:
( ) [ Bankruptcy Court ]
- FRBP
In re Felipe
Apr
22
2016
Ruling
Plan payments adjusted to accommodate increased condominium association fees although the association failed to disclose all required information in proof of claim.
Issue(s)
Whether creditor condominium association was entitled to relief from stay to pursue lien rights against debtors?
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- FRBP
In re Robertson
Dec
30
2015
Ruling
Chapter 13 plan payments could be increased to accommodate increased mortgage fees, expenses and charges.
Issue(s)
Could trustee obtain an increase in chapter 13 plan payments to accommodate increased postconfirmation mortgage fees and expenses and charges?
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:
- FRBP
In re Fitch
Nov
03
2015
Ruling
Debtor not entitled to an order finding that mortgage obligations were current.
Issue(s)
Were debtor's entitled to an order determining that their mortgage loan obligations were current?
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:
- FRBP
In re Longmire
Sep
11
2015
Ruling
Creditor precluded from presenting omitted information from claim and charged with attorneys' fees and expenses due to failure to comply with Rule 3002.1.
Issue(s)
Should creditor be sanctioned for failure to respond to the trustee's notice of final cure payment and completion of plan payments where debtor contends that all amounts required to cure all defaults have been paid in full and that all pre-petition and post-petition payments due to lender have been paid?
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- FRBP
Trevino v. HSBC Mortg. Servs. (In re Trevino)
Jun
19
2015
Ruling
FDCPA claims based on improper service of Rule 3002.1 notice are not preempted by the Bankruptcy Code.
Issue(s)
Were debtors Fair Debt Collection Practices Act claims against bank preempted by the Bankruptcy Code?
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- FRBP
In re Hale
Mar
16
2015
Ruling
Mortgage creditor's application for attorneys' fees denied due to insufficient Rule 3002.1 notice.
Issue(s)
Was mortgage creditor entitled to postpetition fees, expenses and charges?
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- FRBP
Winnecour v. First Commonwealth Bank (In re Susanek)
Sep
30
2014
Ruling
Bank entitled to attorneys' fees incurred in preparation of Rule 3002.1 notice.
Issue(s)
Whether a creditor may recover attorneys' fees incurred while preparing a notice of post-petition fees and expenses in compliance with Bankruptcy Rule 3002.1?
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