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Can Creditors assess Fees after completion of payments?


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#1 wz3drf51

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Posted 07 February 2013 - 06:14 AM

I completed a Chapter 13 plan in January of 2011. The mortgage company assessed "bankruptcy fees" the following month to get my account back on track and took these fees from the the monthly mortgage payment. Their statements are also showing an old balance that was apparently there "before" the bankruptcy started in 2005.

1. Can the mortgage company assess bankruptcy fees after someone completes the plan or should they have included estimated fees in their notice to the courts from the beginning?

2. If the creditor made multiple amendments to what they presented to the courts as what was owed to them and they missed some charges, can they still attempt to get payments even after the courts have deemed the plan to have been completed?

#2 adjusterjack

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Posted 07 February 2013 - 10:39 AM

Your questions that begin with the word "can" can only be answered with a "yes."

They "can" do it, especially if they already "are" doing it.

Whether they are doing it wrongly depends on too many factors that likely cannot be addressed here but should be addressed with your bankruptcy attorney.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 Guest_FindLaw_Amir_*

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Posted 07 February 2013 - 11:08 AM

I agree with the previous poster, this is a matter you may want to consult with a local Bankruptcy Lawyer to address.




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