Critical Case Comment: In re Sheppard

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of TN

In re Sheppard, 2012 WL 1344112 (Bank. E.D. Va., Apr. 18, 2012) (Huennekens)

A mortgage creditor is not obligated to include in the 3002.1 notice of additional fees and expenses those fees and costs which have previously been disclosed to and awarded by the Court.

Case Summary

The debtors filed their Chapter 13 petition in June 2010, proposing to maintain payments on the mortgage which they proposed to pay directly “outside the plan.” During the year following confirmation, the debtors . . .

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