Can a creditor make you pay for their filing of their claim? I questioned an arrears amount on the second loan on my home because the amount was far more than what it should be. My attorney said the inflated amount may include the filing/processing fee for the claim made by the mortgage company and that I was responsible for paying that. Is that true? Seems really, really unfair. The original arrears was a little over $200, and with the claim fee the amount goes up to just under $700. The attorney is checking into it now to verify the amount.
-
-
(Chakra, I moved your question here into its own thread so you wouldn't hijack the other thread. You'll get better answers for your question in your own thread too. -lrprn)
No, creditors cannot make you pay for filing their claim although they can try to make you pay their lawyer's fee for filing an objection.Originally posted by chakra7 View Post
What you may be seeing in the higher claim amounts are late fees and interest that have been added on since you turned in your figures for including on your bankruptcy forms. If there's quite a significant difference from what you expect, then you should definitely question it. For example, due to a data entry error, on our trustee's website one of our creditors showed a claim for $1,100,000 when we owed them $11,000 - yikes! I pointed it out to our lawyer who told our trustee who had it corrected right away
Keep us posted about what your lawyer finds out, and I hope things work out in your favor.I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go -
Thanks for the response. I actually thought I was keeping in line with the original topic which was creditors making you pay. I thought the original poster was explaining that they may have to pay for a filing fee for a claim, so since that was my exact situation I posted within that thread. I didn't think it was a separate thread topic, so I don't see how that would have detracted from the original question, i.e. hijacking which was not the intention. This is my first time on the site and was my first time posting. Perhaps I interpreted the original topic wrong. My attorney is looking into it. I'm not sure why interest would accrue on arrears, the amount seems highly inflated.Comment
Comment