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VZ and 506 Complaints
All:
What Larry left out is that the decision was disappointing to everyone in the courtroom. The judge decided that he wanted to encourage everyone to use his menthod and shaved $500 from Larry's fee request.
This is not the law. If we have to file two actions, we will charge more. If we have to file two actions, and wait for the end of the case to file the second action, there will no longer be any plan to pay us.Also, who knows who/what will own the loan after 5 years. We will have to fight to find out.
my 2 cents
d
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All,
I had the chapter 13 trustee object to my request for supplemental fees in a case before VZ. The fees related to the filing and prosecution of a lien strip AP. At the hearing on my application, the judge stated that he believed we should be filing simple motions under Rule 3012 and then filing the APs at the end of the case right before consummation, given the percentage of cases that make it that far. He stated that the filing of the AP at the beginning of the case was not the preferred course of action.
He also stated that the motions brought under 3012 do not need the same evidence as to value and outstanding lien balances.
Food for thought...........
Larry Simons
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