Critical Case Comment:In re Carr

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

In re Carr, 2012 WL 930337 (Bank. E.D. Va., Mar. 19, 2012) (Mayer)

A fee allegedly incurred by a mortgage servicer in responding to a Trustee’s notice of final cure pursuant to Rule 3002.1 was unreasonable and would not be allowed.

Case Summary

The debtor’s Chapter 13 plan was confirmed in December 2006 proposing to cure a mortgage default. At the end of the case, the Chapter 13 trustee filed a notice of final cure payment and the . . .

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