In re Tudor
Dec
09
2005
Ruling
Mortgagee was denied an attorneys' fees claim since the Code designated that state law governed the claim and Ohio state law precluded enforcement of the mortgage's attorneys'fee provision.
Procedural posture
A bankruptcy debtor's confirmed chapter 13 plan provided for cure of the debtor's mortgage default, and the mortgagee filed a proof of claim for mortgage arrearage. The debtor objected to the mortgagee's claim to the extent that the claim included amounts for attorney fees and costs related to state court foreclosure proceedings.
ABI Membership is required to access the full summary of In re Tudor Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: