Case Law
Decision Date
24
Apr 2018
Name
IN RE: James ALLEGRETTI and Alicia Allegretti, Debtors.
Attorney(s)
Attorney for debtors James and Alicia Allegretti: Maura G. Zalc, Bernicky Law Firm, Naperville, IL, Attorney for Webster Bank, N.A.: Lauren Newman, Thompson Coburn LLP, Chicago, IL, A. Benjamin Goldgar, United States Bankruptcy Judge Before the court for ruling in this chapter 13 case is the objection of debtors James and Alicia Allegretti to the claim of Webster Bank, N.A. The Bank holds a second mortgage on the Allegrettis' home. The Allegrettis object only to the portion of the claim consisting of the attorney's fees and costs the Bank incurred in state court litigation as well as in a previous chapter 13 case, fees and costs to which the Bank says it is entitled under the note and mortgage. The Allegrettis do not question the terms of the note or the mortgage but insist the Bank's fees and costs are not reasonable, as the two documents require them to be., For the reasons explained below, the objection will be overruled.
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