Hi Steve:
Call the creditors agent and request the fees that are valid be brought down to reasonable. Request proof of payment for appraisals and other work they are required to hire out. Sometimes they will issue a check and then receive a refund for services that are not done because the bankruptcy was filed. If they claim to have paid for something request proof. You may be able to work these things out without a formal objection. Once you have agreed on the charges then request they amend their claim.
If they will not work with you then object and if the Court doesn't seem to be ruling in your favor but you know you are right, request an evidence hearing.
Catherine.
Law Office of Catherine Christiansen
17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
Tel: (714) 375-6651 Fax: (562) 490-8572
attorneychristiansen@gmail.com
________________________________
To:
cdcbaa@yahoogroups.com
Sent: Friday, February 1, 2013 10:06 AM
Subject: [cdcbaa] GREEN TREE CH 13 SERVICE CHARGES
I just got a Proof of Claim from the second mortgage that will not be stripped in a Chapter 13.
It charged my client $1,400 for doing many unnecessary things as its rights will not be effected. Later on in the attachments it says it will remove these charges which it lists as arrearages in the Proof of Claim if I call and request it, in a fairly overt admission that this is not allowed. As you can see from the language Ive reproduced below in quotes, it is done as a courtesy so that the mortgage can be current postpetition.
First, I think the fees are outrageous. Thats damn near half of what we charge to do an entire Chapter 13 bankruptcy. 90% of this was computer generated. If they do it on both mortgages it increases the cost of the bankruptcy by $2,800, which is already heavy with admin costs.
Second, even if I object to the claim or have it removed, it will still be owed after the case is over, at least per the banks charges.
and Costs listed in Part 2 of the
Mortgage Proof of Claim Attachment include the post-petition preparation and filing of this
Proof of Claim; obtaining and reviewing the Chapter 13 Plan; and the preparation, filing and
service of a Request for Courtesy Notice to monitor this bankruptcy. These post-petition fees
are included in the Proof of Claim so that the subject loan is current upon completion of the
Plan. If the Debtor(s) object to these fees being included in the Proof of Claim, please contact
Steven Pite at (858)-750-7600 in order to have these fees and costs removed from the Proof of
Claim.
So the question is, can I use the bankruptcy court to have a hearing that does not merely take off the charge in the Proof of Claim, but eradicates it in full or part? Under what theory/procedure could I do that?
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 1
>( Fax (562) 485-6886
>*
sblever@leverlaw.com
>
www.leverlaw.com
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