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Procedure Regarding Payment of Postpetition Mortgage Fees, Expenses & Charges Pursuant to Rule 3002.1 in Judge Waites' Cases Only

Fri, 09/05/2014 - 5:00am

Following a period for comment, Judge Waites has approved the following non-standard language, which may be included in the Chapter 13 plan at the debtor's option to address payment of postpetition mortgage fees, expenses and charges allowed under Fed. R. Bankr. P. 3002.1:

"Unless otherwise ordered, fees, expenses, and charges allowed pursuant to Fed. R. Bankr. P. 3002.1(c) or (e) shall be paid by the Trustee through the chapter 13 plan if timely included in the secured creditor's allowed proof of claim or amended proof of claim."

In order to give the Trustee sufficient time to pay approved Rule 3002.1 amounts, parties are advised to act promptly in the filing of the notice and any objection.