In re Diaz

Creditor not entitled to attorneys' fees for protection of security interest where no protection was required.
Procedural posture: 
The chapter 13 debtors filed an objection to a creditor's claim for attorney's fees for protection of its security. The debtors objected to paying any attorney's fees because their mortgage loan was current on the petition date and was being paid outside the plan.
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Consumer case opionion summary, case decided on March 01,2010, LexisNexis #0510-130