Re: Adding More Fees After Bankruptcy Filed

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The following link offers general information on chapter 7,
11 and 13 bankruptcy.

On 12/06/03, T. Fish wrote:
> Mr. Parkerson was kind enough to respond to my previous
> question concerning a homeowner's association attorney
> doubling the amount owed from $1600 to $3500 (mostly her
> fee)in a foreclosure case after she agreed to a six month
> payment plan for the $1600. This forced us into bankruptcy.
>
> We live in Florida, and filed a chapter 13 bankruptcy
> before any foreclosure hearing took place. Within thirty
> minutes of filing we informed the attorney by telephone.
> She requested we fax our stamped cover copy. We did within
> an hour of the telephone call, and it was received by her
> office. Two weeks later she sent a letter in which she
> increased the amount owed by $1200 for
> unnamed "violations," and "bankruptcy fees," neither of
> which were part of the amount owed on the day we filed.
> Also her previous fee document had dates showing when each
> amount was incurred, while the new fees are not dated. I
> thought the filing of bankruptcy was supposed to stop
> further action on a foreclosure until the creditor's
> meeting, or until the judge makes a determination.
>
> In other words, even though a bankruptcy filing is
supposed
> to stop a foreclosure dead, is still it okay for the HOA
> attorney to keep tacking on fees? Also can an attorney's
> fees be challenged as excessive in bankruptcy court?
>
> Our previous mortgage foreclosure lasted eighteen months,
> and in mediation the arbitrator noted that the bank erred
> in foreclosing by not applying our payments to P & I
(which
> we had been saying all along) As a result we reached a
> settlement in which we did not have to pay attorney fees,
> late fees, or penalties; just eighteen months of regular
> mortgage payments in a lump sum. The expenses associated
> with fighting the mortgage foreclosure for eighteen
months,
> as well as my becoming disabled, made us fall behind on
the
> HOA fees. Yet the bank's attorney had only asked $1500 for
> doing much more work for a much longer time than the HOA
> attorney. We just don't get it.
>
> T. Fish
>
>
>
>

bankrupcy

Re: Adding More Fees After Bankruptcy Filed, 2/09/04, by bill.

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