Unnerstall, In re
Apr
25
2018
Ruling
Court allowed the bank’s reasonable attorneys’ fees where it held an oversecured claim butdebtors were not responsible for unreasonable fees incurred by the bank in collecting thedebt. (Bankr. M.D. Fla.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Court
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Serrato, In re
Dec
27
2017
Ruling
Court reanalyzed billings and allowed addition of both collection costs and attorney's fees tothe homeowner's association's claim. (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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1910 Partners, In re--1910 Partners v. Ass'n of Apt. Owners of Canterbury Place
Dec
08
2017
Ruling
Oversecured creditor was not entitled to fee award as the court erred by failing to require the creditor to support its fee request with any evidence.
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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:
Judge or Jurisdiction information not available
Baroni v. OneWest Bank, F.S.B. (In re Baroni)
Sep
29
2017
Ruling
Claim for attorney's fees which arose from a loan agreement existing prior to the the debtor'sbankruptcy petition was denied, and the claim for fees for post-petition services wereconsidered as part of the lender's pre-petition claim against the debtor. (Bankr. C.D. Cal.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Court
:
Merkle, In re
Aug
15
2017
Ruling
Attorneys' fees allowed after meeting the four basic requirements for allowance of fees.(Bankr. W.D. Tex.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Court
:
Windmill Run Assocs., In re--Windmill Run Assocs. v. Fannie Mae
Aug
11
2017
Ruling
Court denied the motions for attorney’s fees filed by debtor and the mortgage servicer as they were not entitled to recover attorney's fees. (Bankr. S.D. Tex.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Court
:
Faison, In re
Jul
13
2017
Ruling
Court allowed debtor's objection to post-petition claims for attorney's fees because thecreditor failed to credit the pertinent law. (Bankr. E.D.N.C.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Court
:
Stelma Props., LLC, In re
Jul
10
2017
Ruling
Court disallowed bank's application for postpetition interest, attorneys' fees, and costs as theLLC's bankruptcy plan overrode the bank's right to recover. (Bankr. E.D.N.C.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Court
:
Canal Asphalt, Inc., In re
May
10
2017
Ruling
Court held that claim under the "fifth" mortgage note was wholly unsecured and governed by the terms of the debtor's confirmed plan that pertain to unsecured claims. (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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Jointly Administered
May
09
2017
Ruling
Motion for allowance of fees by counsel of oversecured creditor for services rendered pre-petition was denied as reasonableness of amount could not be determined by the law. (Bankr. S.D. Iowa)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Court
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