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CR's post petition payable through Plan? and 506b que=
From the bottom of the form:
harges you listed are required to be paid. See 11 U.S.C.
322(b)(5) and Bankruptcy Rule 3002.1. (this should say 1322(b)(5))
If you read the rule, 3002.1, subsection (e) gives the debtor's counsel one year from the date of the notice to file a motion to determine if the debtor has to pay the amount claimed.
So, another deadline to track. My suggestion is review the form as soon as you get it and file a motion if necessary.
506(b) will apply, so if the claim is making additions to an undersecured mortgage, you have better make a motion.
Isn't it funny how often Ijust read the rules to get the answer?d
btw, postpetition is one word, read 549 and 552.
________________________________
To: cdcbaa@yahoogroups.com; hashemiesq@yahoo.com
Sent: Thursday, July 12, 2012 12:04 PM
Subject: Re: [cdcbaa] CR's post petition payable through Plan? and 506b question
I am bumping this post to the top because there are not any replies. I just received one of these notices of postpetition mortgage fees, etc.ne knows. Thanks.
Holly Roark
holly@roarklawoffices.com
http://www.roarklawoffices.com/
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
On Tue, Jun 19, 2012 at 3:45 PM, Nikki wrote:
>
>Hi everyone,
>
>1. When a mortgage creditor files a claim for post-petition atty's fees using the new Form B 10S2 Supplement to POC "Notice of Postpetition Mortgage Fees...", isn't this a request by the creditor to be paid the additional fees THROUGH THE PLAN? Or is it merely to give notice of the fees being added to the end of the loan?
>
>2. Per 506(b) and In re Salazar (9th Circ), in order for CR to recover postpetition atty's fees, 4 elements must be met, one of which is that the property is "oversecured". What if the creditor is "partially secured"? i.e. Mortgage loan is $500k and property value is $450k? That does not affect the applicability of 506(b), does it?
>
>Am I missing something?
>
>Thanks,
>Nikki
>
>
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