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Timothy D. & Margaret J. Huston, Ch. 13, BK12-80456-TLS (Nov. 6, 2012)

A mortgage holder’s notice to a Chapter 13 debtor of post-petition mortgage fees, expenses, and charges, filed pursuant to Bankruptcy Rule 3002.1, is not an amendment to the creditor’s proof of claim and will not be paid under the plan. Rather, it is a notice that the creditor will be seeking repayment of those expenses pursuant to the terms of the loan after the bankruptcy case is over. The debtor may file a motion to determine whether payment of the claimed expenses is required by the loan documents and applicable non-bankruptcy law.

Tuesday, November 6, 2012