Kurtenbach, In re
Nov
30
2020
Ruling
Court granted an oversecured creditor's application for attorneys' fees and costs but reducedthe amount requested by 30% finding the request amount unreasonable. (Bankr. N.D. Iowa)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Court
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VAC Fund Houston, LLC, In re
Feb
28
2020
Ruling
Court denied debtor's motion for a determination that a creditor was not entitled to anallowance of default interest on its claim as creditor was an oversecured creditor. (Bankr. D.Nev.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Court
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Reece, In re
Feb
26
2020
Ruling
Fee reduction was warranted as creditors acknowledged fees and costs incurred to file andpursue the stay relief motion were incurred unnecessarily. (Bankr. D. Ariz.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Court
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Pettit, In re
Apr
30
2019
Ruling
Post-petition fees could not be disallowed as debtor and mortgagee were bound by the loanpayment agreements. (Bankr. D.N.M.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Judge or Jurisdiction information not available
Kumari, In re
Mar
27
2019
Ruling
Oversecured creditor was entitled to post-foreclosure judgment attorneys fees where sale hadnot yet occurred. (Bankr. E.D.N.Y.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Court
:
Anders, In re
Feb
19
2019
Ruling
Claim amount reduced as the creditor miscalculated late fees and sought fees for appraisalsand environmental assessments. (Bankr. D. Neb.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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1111 Myrtle Ave. Grp., LLC, In re
Feb
14
2019
Ruling
Lender entitled to payment of additional post-petition interest at contractual default rate ofseven percent as court found the rate was not egregious or inequitable. (Bankr. S.D.N.Y.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Court
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Lorick, In re
Aug
09
2018
Ruling
Debtor's surcharge motion was denied as they failed to show that secured creditor fared better due to the debtors' expenditures as any increase in the sale price obtained did not improve secured creditor's position under § 506(c). (Bankr. E.D.N.Y.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Court
:
McCormick, In re--McCormick v. Starion Fin.
Jul
03
2018
Ruling
Fee application was properly allowed as the application for attorney fees, while untimely, was not abusively so. (8th Cir.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Judge or Jurisdiction information not available
Altadena Lincoln Crossing LLC, In re
Jul
03
2018
Ruling
Default interest provisions contained in the parties' agreements were not enforceable as they were intended to serve as a penalty to give the debtor a hefty incentive not to default under the agreements. (Bankr. C.D. Cal.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Court
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