In re Lighty

513 B.R. 489, 2014 WL 3610782
CourtUnited States Bankruptcy Court, D. South Carolina
DecidedJuly 21, 2014
DocketCase No. 13-03324-dd, Case No. 14-00825-dd, Case No. 14-00922-dd
StatusPublished
Cited by4 cases

This text of 513 B.R. 489 (In re Lighty) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Lighty, 513 B.R. 489, 2014 WL 3610782 (S.C. 2014).

Opinion

Chapter 13

ORDER

David R. Duncan, Chief U.S. Bankruptcy Judge

These matters are before the Court on claim objections filed by the debtors in each of the above cases. The debtor in case number 13-03324-dd, Christine Lighty (“Lighty”), objected to the claim of creditor J.P. Morgan Chase Bank, N.A. (“Chase”) on March 19, 2014, and Chase responded in opposition. The debtors in case number 14-00825-dd, Gilbert Ted King and Renee Gardner King (collectively, the “Kings”), objected to the claim of creditor CitiMortgage, Inc. (“CitiMort-gage”) on March 19, 2014, and CitiMort-gage responded in opposition. The debtor in case number 14-00922-dd, Johnnie Lee King (“Johnnie King”), objected to the claim of creditor Bayview Loan Servicing, LLC (“Bayview”) on March 27, 2014. Bayview did not respond in opposition. Although filed as objections to proofs of claim in all three cases, the matters before the Court are actually motions for a determination of fees, expenses, or charges under Federal Rule of Bankruptcy Procedure 3002.1(e). The Court held a hearing on May 19, 2014, at which it heard the Rule 3002.1(e) motions in all three cases at the same time, with the consent of the parties, because the issues are largely the same and the same attorney represents the debtors in all three cases. Bayview did not appear at the hearing in opposition to Johnnie King’s Rule 3002.1(e) motion. After careful consideration of the arguments of counsel, evidence submitted, and applicable law, the Court issues the following findings of fact and conclusions of law under Federal Rule of Civil Procedure 52(a), made applicable by Federal Rule of Bankruptcy Procedure 9014.1

FINDINGS OF FACT

1. Lighty filed a bankruptcy petition under chapter 13 of the Bankruptcy Code [491]*491on June 4, 2013. Her bankruptcy is assigned case number 13-03324-dd. The Court confirmed Lighty’s chapter 13 plan on August 15, 2013. Lighty owes a debt to Chase that is secured by a first mortgage on her residence. Lighty’s bankruptcy schedules list the value of the residence as significantly less than the amount owed to Chase. Lighty’s confirmed plan indicates she was behind on her monthly payments to Chase at the time she filed bankruptcy. Her plan calls for her to pay a certain amount to the chapter 13 trustee every month. The chapter 13 trustee then pays a portion of this amount toward “the ar-rearage [owed to Chase] as stated in [Chase’s] allowed claim or as otherwise ordered by the Court.” Under the plan, Lighty is to pay “directly to [Chase] non-arrearage payments arising under [her] agreement with [Chase].” Chase filed a proof of claim on September 24, 2013, indicating an arrearage of $1,194.92 as of the date Lighty filed bankruptcy. On September 25, 2013, Chase filed a Notice of Post-petition Mortgage Fees, Expenses, and Charges pursuant to Federal Rule of Bankruptcy Procedure 3002.1. This Notice lists fees, expenses, and charges of $425 described as being for “Attorney fee: POC and Plan review.” Lighty objects to this $425 fee.

2.The Kings filed a bankruptcy petition under chapter 13 of the Bankruptcy Code on February 14, 2014. Their bankruptcy is assigned case number 14-00825-dd. The Court confirmed their chapter 13 plan on April 14, 2014. The Kings owe a debt to CitiMortgage that is secured by a first mortgage on their residence. The Kings’ bankruptcy schedules list the value of their residence at more than twice the amount of the debt owed to CitiMortgage. The Kings’ confirmed plan indicates they were behind on their monthly payments to CitiMortgage at the time they filed bankruptcy. The Kings’ plan treats their debt to CitiMortgage in the same manner as Lighty’s plan treats her debt to Chase. CitiMortgage filed a proof of claim on March 10, 2014, indicating an arrearage of $5,386.59 as of the date the Kings filed bankruptcy. On March 10, 2014, CitiMort-gage filed a Notice of Postpetition Mortgage Fees, Expenses, and Charges pursuant to Rule 3002.1. This Notice lists fees of $425 described as “[b]ankruptcy/[p]roof of claim fees.” The Kings object to this $425 fee.

3. Johnnie King filed a bankruptcy petition under chapter 13 of the Bankruptcy Code on February 21, 2014. His bankruptcy is assigned case number 14-00922-dd. The Court confirmed his chapter 13 plan on May 8, 2014. Johnnie King owes a debt to Bayview that is secured by a first mortgage on his residence. His bankruptcy schedules list the value of his residence as significantly less than the amount owed to Bayview. Bayview’s treatment under Johnnie King’s plan is the same as the treatment of Chase under Lighty’s plan and CitiMortgage under the Kings’ plan. Johnnie King’s case is different in that Bayview filed a proof of claim on March 20, 2014, indicating no arrearage as of the date Johnnie King filed bankruptcy. On March 26, 2014, Bayview filed a Notice of Postpetition Mortgage Fees, Expenses, and Charges pursuant to Rule 3002.1. This Notice lists fees of $425 described as “Bankruptcy/Proof of claim fees.” Johnnie King objects to this $425 fee.

4. At the time the Rule 3002.1 notice at issue in Lighty’s bankruptcy was filed, $425 was, under what the parties refer to as the Fannie Mae guidelines, the allowable fee reimbursement for servicers for “Proof of Claim Preparation & Plan Review.” According the Fannie Mae guidelines, this fee includes:

[492]*492• Communicating with the servicer to obtain the necessary information about the debtor’s mortgage loan(s) and backup documentation for the [proof of claim (“POC”) ];
• Preparing and filing the POC form, and up to one amended POC form;
• Verifying that the POC is properly docketed;
• Monitoring the docket, and obtaining and reviewing the original and up to two amended Plans;
• Analyzing Plan(s);
• Reviewing any disclosure statement and ballot (if applicable); and
• Communicating and negotiating with the Servicer, any trustee and debt- or’s counsel.

Chase’s Brief on Statutory, Case Law, and Other Authority, p. 5 (docket entry 28, attach. 2). At the time of the hearing, this amount under the Fannie Mae guidelines had increased to $650. The Fannie Mae guidelines are rules for servicing a loan that is going to be sold to Fannie Mae.

5.The note creating the debt Lighty owes to Chase states that a default occurs if Lighty does “not pay the full amount of each monthly payment on the date it is due.” If Lighty is in default, Chase “may send [her] a written notice telling [her] that if [she] do[es] not pay the overdue amount by a certain date, [Chase] may require [her] to pay immediately the full amount of Principal which has not been paid and all the interest that [she] owe[s] on that amount.” If Chase has required Lighty “to pay immediately in full” the full amount of Principal which has not been paid and all the interest that [she] owe[s] on that amount, Chase “will have the right to be paid back by [Lighty] for all of its costs and expenses in enforcing [the] Note to the extent not prohibited by applicable law.

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Cite This Page — Counsel Stack

Bluebook (online)
513 B.R. 489, 2014 WL 3610782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lighty-scb-2014.