[CLBS] Post Petition Attorneys Fees for Creditor Atty - Chapt 13

[Brian Langford]

You might consider the 9th Circuit B.A.P. decision, In re Atwood, 293 B.R. 227.  In that case, the court allowed post-petition fees that were incurred in preparation of the Proof of Claim.  The court noted that while those services were techinically rendered post-petition, it reasoned that if those fees are provided for under the loan documentation, they are inherently part of the pre-petition claim.

Brian R. Langford
Attorney  

Direct: 208.489.3035  
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-----Original Message-----
From: Keisha L. Oxendine [mailto:oxendinek at gmail.com] 
Sent: Monday, April 30, 2012 7:20 PM
To: clbs at admws.idaho.gov
Subject: [CLBS] Post Petition Attorneys Fees for Creditor Atty - Chapt 13

Dear All: 

 

My clients filed a Chapter 13, but were current on their mortgage at time of filing and always. The creditor filed a proof of claim alleging an arrearage of $425 for post-petition attorneys fees incurred in reviewing the bankruptcy and filing a proof of claim. Any thoughts on this? I've read a bit of case law that has held these fees aren't appropriate but wanted some input from our local bankruptcy bar and some guidance on any local cases that may have addressed this issue. 

 

Sincere thanks,

 

Keisha L. Oxendine

Attorney at Law

414 Sixth Street

Wallace, Idaho 83873

Telephone: (208) 752-1271

Facsimile: (208) 556-3411

 

 

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