Order making determination regarding postpetition fees, expenses, or charges

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Multi-State
Control #:
US-BK-0044
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Word
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Description

Order making determination regarding postpetition fees, expenses, or charges

An Order making determination regarding postpetition fees, expenses, or charges is a document issued by the court in bankruptcy proceedings. This order allows the court to approve the fees, expenses, or charges incurred by the debtor after the filing of the bankruptcy petition. This order usually sets forth the amount of the fees, expenses, or charges to be paid, as well as the date and manner of payment. There are two main types of Order making determination regarding postpetition fees, expenses, or charges: an interim order and a final order. An interim order is issued prior to the approval of a plan of reorganization or liquidation and typically sets forth the amount of fees, expenses, or charges to be paid and the date and manner of payment. A final order is issued after the approval of a plan of reorganization or liquidation and typically sets forth the total amount of fees, expenses, or charges to be paid, the date and manner of payment, and any other conditions related to the payment.

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FAQ

If there is a post petition mortgage fee noticed and allowed, and the mortgage is paid directly by the debtor/borrower, then usually it is a fee added to the debt that must simply be paid from the sale of the home or prior to release of mortgage down the road.

Post-petition debt is a debt you obtain after filing your bankruptcy case. These debts are not part of your bankruptcy case and will not be discharged. Any debt you acquire after filing for bankruptcy (even if your case is still pending) is considered post-petition, and you are responsible for paying it.

(1) Notice. The hold of the claim shall file and serve on the debtor, debtor's counsel, and the trustee a notice of any change that results in the payment amount, including any change that results from an interest-rate or escrow-account adjustment, not later than 21 days before a payment in the new amount is due.

Post-petition tax debts get special treatment in bankruptcy. The court always allows tax creditors to file claims for post-petition tax debts and then the claim gets priority in payment.

The response is filed to provide a statement indicating: 1) whether the creditor agrees that the debtor has paid the full amount required to cure the default, and 2) whether the debtor is otherwise current on all payments.

When it comes to filing Chapter 7 bankruptcy, debts incurred before filing are called pre-petition debts, that debtors are discharged from, whereas debts incurred after a filing are post-petition payments, which debtors still must pay on.

Post-petition refers to anything that occurs after you've filed for bankruptcy. Conversely, the term ?pre-petition? is used to refer to anything that happened before you filed for bankruptcy. Only ?pre-petition? debts are dischargeable in bankruptcy.

Prepetition: this term is often used to mean anything that occurred prior to your filing for bankruptcy protection. For example, the amount that may be behind on your house before you file bankruptcy would be called a pre-petition arrears.

More info

The notice is not subject to Rule 3001(f). (e) DETERMINATION OF FEES, EXPENSES, OR CHARGES.Itemize the fees, expenses, and charges incurred on the debtor's mortgage account after the petition was filed. A creditor that wants to be paid for postpetition fees or charges through the Chapter 13 Plan must file a formal amended proof of claim. OPINION REGARDING MOTION FOR DETERMINATION OF FEES,. (e) Determination of Fees, Expenses, or Charges . An HOA seeking reimbursement for any post-petition fees, expenses, and charges are subject to the requirements of Bankruptcy Rule 3002. Mortgage loans considered. Pursuant to § 1026. Under a bifurcated fee arrangement, the client first executes a pre-petition retainer agreement lim- ited to the attorney preparing and filing a "skeletal".

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Order making determination regarding postpetition fees, expenses, or charges