what are fees due to a lenders attorney after bankruptcy?

What happens to attorney fees in Chapter 13 bankruptcy?

Attorney fees here are considered an administrative expense and can be paid as part of the Chapter 13 plan. Therefore, you would be able to pay partial attorney fees to your bankruptcy attorney and have the remaining balance be paid as part of your Chapter 13 plan.

Can my bankruptcy attorney charge me a fee for a mortgage?

Feb 07, 2014 · The short answer is no, they cannot. In a recent case, Fernandez v.Chang, 2014 WL 32201(Bankr.D. Md. 1/6/14), the Bankruptcy Court ordered debtor’s counsel to disgorge all fees collected post-petition and also awarded the debtor compensatory and punitive damages.

Why do I have to pay my bankruptcy attorney in full?

Jun 17, 2015 · unenforceable under bankruptcy law. Lenders could have had premiums during the no-call period if the Indentures had required them. Damages equal to the full amount of interest due over the life of the loans but not yet due as of the petition date is unmatured interest that is disallowed under section 502(b)(2) of the bankruptcy code.

Can my bankruptcy lawyer charge late notice?

Aug 10, 2016 · I contacted the credit union about the fees and they stated the fees were for costs they incurred in association with us filing bankruptcy. Now, this week I noticed they added another $290.00 in fees. The credit union had added around $800.00 (for legal fees) to the car loan balance when they filed their claim.

What is notice of Postpetition mortgage fees?

If the debtor's plan provides for payment of postpetition contractual installments on your claim secured by a security interest in the debtor's principal residence, you must use this form to give notice of any fees, expenses, and charges incurred after the bankruptcy filing that you assert are recoverable against the ...

What is a post petition fee?

If there is a post petition mortgage fee noticed and allowed, and the mortgage is paid directly by the debtor/borrower, then usually it is a fee added to the debt that must simply be paid from the sale of the home or prior to release of mortgage down the road.Jul 8, 2019

What type of debt Cannot be discharged through bankruptcy?

Debts dischargeable in a chapter 13, but not in chapter 7, include debts for willful and malicious injury to property, debts incurred to pay non-dischargeable tax obligations, and debts arising from property settlements in divorce or separation proceedings.

What debts are not discharged in chapter 13?

Debts not discharged in chapter 13 include certain long term obligations (such as a home mortgage), debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated ...

What are post-petition liabilities?

Post-petition liability, on the other hand, is all the debt incurred after the bankruptcy case is logged. These two types of liabilities are often shown on the balance sheets of companies in bankruptcy protection and are separated to distinguish which outstanding balances are expected to be paid in full.

What is pre-petition arrearage?

Prepetition: this term is often used to mean anything that occurred prior to your filing for bankruptcy protection. For example, the amount that may be behind on your house before you file bankruptcy would be called a pre-petition arrears.

How many years does a bankruptcy stay on your credit report?

seven yearsA Chapter 7 bankruptcy can stay on your credit report for up to 10 years from the date the bankruptcy was filed, while a Chapter 13 bankruptcy will fall off your report seven years after the filing date. After the allotted seven or 10 years, the bankruptcy will automatically fall off your credit report.May 18, 2021

What happens to your bank account when you file Chapter 7?

In most Chapter 7 bankruptcy cases, nothing happens to the filer's bank account. As long as the money in your account is protected by an exemption, your bankruptcy filing won't affect it.Feb 6, 2021

How far back does a bankruptcy trustee look?

two yearsYour bankruptcy trustee can ask for up to two years of bank statements. The trustee will look at your statements to verify your monthly payments to make sure they match the expenses you put on your bankruptcy forms.Dec 6, 2021

Does Chapter 13 trustee check your bank account?

Chapter 13 Bankruptcy The trustee may conduct periodic reviews of your finances, including your business and personal bank accounts, to ensure you have sufficient cash to continue making payments as normal.

How will Chapter 13 affect my taxes?

The Chapter 13 Trustee will not complete or file your tax returns for you. If your tax returns have not been filed or become delinquent during the course of your Chapter 13 plan, you may lose the protection of the Bankruptcy Court as your case may be dismissed.

Does Chapter 13 wipe out all debt?

Chapter 13 bankruptcy allows you to catch up on missed mortgage or car loan payments and restructure your debts through a repayment plan. When you complete your plan, you will receive a Chapter 13 discharge that eliminates most of your remaining debts.