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In re Hight

A mortgagee secured by a bankruptcy debtor's real property submitted a proof of claim in the debtor's bankruptcy for the principal of the mortgage loan, arrearages, late charges, property preservation/inspection fees, pre-petition attorney fees and costs, escrow shortage, and post- pertition attorney fees. The debtor objected to the mortgagee's proof of claim.
Ruling: 
Objection to mortgagee's proof of claim sustained with regard to alleged escrow shortage and a portion of pre- and postpetition fees.
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Consumer case opionion summary, case decided on August 13,2008, LexisNexis #1008-018

In re Reyna

In the debtors' chapter 13 bankruptcy case, a creditor filed a proof of claim for a credit card debt. The debtors objected to the proof of claim. The bankruptcy court held a hearing on the objection.
Ruling: 
Objection to credit card debt proof of claim sustained due to lack of supporting evidence.
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Consumer case opionion summary, case decided on July 28,2008, LexisNexis #1008-019

In re Stewart

In connection with an objection filed by a chapter 13 debtor to the second amended claim of a mortgagee, the court ordered the mortgagee to produce documents pertaining to the amounts described therein and considered the proper disposition of the objection under Fed. R. Bankr. P. 3001. At issue, inter alia, was the propriety of charges for inspection fees, appraisal fees, other charges, attorneys fees and costs, and certain "escrow advances."
Ruling: 
Mortgagee's claims for improper fees disallowed and damages assessed for duplicitous and misleading conduct.
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Consumer case opionion summary, case decided on April 10,2008, LexisNexis #0808-128

In re White

Bankruptcy debtors objected to proofs of claim filed by putative assignees of claims against bankruptcy debtors, on the ground that the proofs of claim failed to include documents evidencing the claims or the assignment of the claims to the assignees as required by Fed. R. Bankr. P. 3001.
Ruling: 
Proofs of claim disallowed due to assignee creditors' inability to establish validity upon debtors'objection.
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Consumer case opionion summary, case decided on January 29,2008, LexisNexis #0208-089