Tag: Notice of Mortgage Payment Change

Bankr. E.D.N.C.: In re Smith- Requirements of a Plan Modification

Summary:

After the sale of her home, Ms. Smith sought a plan modification to discontinue disbursements on the mortgage, which had until that point been paid as a conduit. The Chapter 13 Trustee requested that Ms. Smith provided amended Schedules I and J or other evidence of current income and expenses. This request was refused and the Trustee objected to the modification.

Starting from In re Arnold, 869 F.2d 240 (4th Cir. 1989) the bankruptcy court held that a post-confirmation required the following:

1. A showing of a “substantial and unanticipated change in circumstances”;
2. That the modification was for one of the purposes allowed under 11 U.S.C.… Read More

Tagged with: , ,

Bankr. E.D.N.C.: In re Adams- No Attorneys’ Fees for Filing a Notice of Mortgage Payment Change

Summary:

Following shortly after the opinion by Judge Leonard in In re White (See:  http://ncbankruptcyexpert.com/?p=686), Judge Doub similarly held here that the attorney for the mortgage servicer had made no showing that the filing of Notice of Mortgage Payment Change required the assistance of an attorney.

For a copy of the opinion, please see:

Adams- No Attorneys’ Fees for Filing a Notice of Mortgage Payment Change.pdf Read More

Tagged with: ,

Bankr. E.D.N.C.: In re White- No Attorney’s Fees for Preparing Notice of Mortgage Payment Change

Summary:

Creditor filed a Notice of Mortgage Payment Change and contemporaneously filed a Notice of Post-Petition Mortgage Fees, asserting a $50.00 fee for filing the Notice of Mortgage Payment Change.

On the objection of the Chapter 13 Trustee, the Court disallowed this fee, finding that the Notice of Mortgage Payment Change was “nothing more than a clerical duty” and did not require the assistance of legal counsel.

Commentary:

This opinion apparently independently comes to the same conclusion as did Judge Mayer of the Eastern District of Virginia, in   In re Carr, Case No.  06-11472, Docket Item 107 (Bankr.  E.D. Va.  March 19, 2012).… Read More

Tagged with: ,
Top