Post-Petition fee, expense or charge incurred when there is first a legal obligation to pay debt

J Thomas Black
Board Certified, Consumer Bankruptcy Law- Texas Board of Legal Specialization
Posted on Nov 29, 2016

Under Bankruptcy Rule 3002.1, post-petition mortgage fees, expenses or charges are allowed to mortgage lenders only if a notice filed within 180 days of when the particular expense is incurred. In a recent case from the Southern District of Texas, a debtor objected because some of the fees were incurred before 180 days before the notice was filed. They were invoiced within the 180 days, but they had been incurred before that.

U.S. Bankruptcy Judge Eduardo Rodriguez held that a mortgage "fee, expense or charge is incurred when there is first a legal obligation to pay the debt, not when an invoice is issued." In re Raygoza, (Bankr. S.D. Texas 2016).

Read More About Post-Petition fee, expense or charge incurred when there is first a legal obligation to pay debt...