Chapter 13 debtor’s counsel’s fee award was reduced to $48,116 from the requested $95,480 due to pre-petition payments, confusing and “lumped” time entries, and excessive hourly rates for some services performed, even though the debtor’s Chapter 13 plan was never even proposed much less confirmed. The debtor never attended a meeting of creditors, but the debtor managed to recover his...
Critical Case Comment
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By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee
In re Thongta, 2012 WL 5050669 (Bankr. E.D. Wis., Oct 18, 2012) (Kelley)
If stay relief is granted to a mortgage claimholder and the mortgage claimholder withdraws its claim, Rule 3002.1 no longer applies.
Case Summary
Michael Thongta filed a Chapter 13 petition in March 2007, seeking to cure a default and maintain payments on a mortgage held by Homecomings Financial, a mortgage that was subsequently transferred to U.S. Bank. The debtor defaulted on his post-petition mortgage payments . . .
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