(Bankr. W.D. Ky. May 17, 2016)
The debtor sustains, in part, the debtors’ objection to the creditor’s notice of post-petition mortgage fees, expenses and charges. The debtor contended the following fees were unreasonable: $500 for an objection to the debtor’s plan, $100 for the filing of the notice, and $650 for the preparation and filing of a proof of claim. The creditor submitted an affidavit of its counsel detailing the tasks completed for the case. However, the affidavit failed to allocate specific amounts of time to each task. Thus, the Court reduces the proof of claim fee to $200, finds the other fees are reasonable, and allows the creditor’s claim in the amount of $800. Opinion below.
Attorneys for Debtors: Kruger & Schwartz, Richard A. Schwartz
Attorneys for Creditor: Lerner, Sampson & Rothfuss, LPA, Kerry Nunley Bruckner
Author: Matt Lindblom