Motion to Determine Mortgage Fees, Expenses and Charges Rule 3002.1

Rev. 05/08/19

MOTION TO DETERMINE MORTGAGE FEES, EXPENSES AND CHARGES
RULE 3002.1

OVERVIEW:

On motion of a party in interest filed within one year after service of a Notice of Postpetition Mortgage Fees, Expenses, and Charges, the court shall determine, after notice and hearing, whether payment of any claimed fee, expenses or charge is required by the underlying agreement and applicable non-bankruptcy law to cure a default or maintain payments in accordance with Section 1322(b)(5) of the Code.

This filing should be accompanied by the Motion and a Proposed Order.  When required by Local Bankruptcy Rule 9013-3, a Certificate of Service must also be filed.

For order format, please see Proposed Orders

 

Codes, Rules and Forms:
 

Bankruptcy Code:

1322(b)(5)

Bankruptcy Rule:

3002.1(e)

Local Rule:

None

Official Form:

None


CM/ECF Event(s):

            Motions/Applications, Determine Mortgage Fees, Expenses and Charges Rule 3002.1