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

Thu, 08/21/2014 - 5:00am

Postpetition mortgage fees, expenses and charges allowed under Fed. R. Bankr. P. 3002.1 in Chapter 13 cases, including those relating to the review of the Chapter 13 plan and the filing of a proof of claim, typically occur early in the case.

Rule 3002.1 does not indicate when and how such allowed fees and charges are to be paid by the debtor. In order to provide consistency and ensure the debtor can be current at the end of the bankruptcy case, Judge Waites is considering allowing the following approved, nonstandard language, which could be included in the Chapter 13 plan at the debtor's option:

"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 thought the chapter 13 plan if timely included in the secured creditor's allowed proof of claim or amended proof of claim."

Before implementing this procedure, Judge Waites would appreciate receiving suggestions or comments from the bar on this proposed language. Please submit your suggestions/comments to Sarah Kistler at as soon as possible and by no later than August 29, 2014