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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Sokoloski v. PNC Mortgage, 2014 WL 6473810 (E.D. Cal. Nov. 18, 2014) (Shubb)
Failure of a creditor to comply with the requirements of Rule 3002.1 can state a cause of action under a state’s Unfair Competition Law, common law claim for negligence, and a state Fair Debt Collection Practices Act.
Case Summary
Ron and Dale Sokoloski fell behind on their mortgage payments and filed a Chapter 13 bankruptcy, seeking to maintain the payments and cure the default. When the Sokoloskis began to make their payments in accordance with the plan, PNC filed a notice of . . .
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