Legal Question in Bankruptcy in Connecticut

Additonal bankruptcy fees after discharge

I had a Chapter 13 approximately around the time of March 1999 with my first mortgage. Back in Feb 02 the claim was discharged due to full repayment. However approximately 9 months later I tried to refinance this mortgage. When the other mortgage company told me that the original mortgage company had what was termed additional corporate advances related to the Ch 13 bankruptcy of $1700. They would not release the title until this was paid off. After several attempts to get them to explain what these charges were I was told the following:

Proof of claim fee

Review plan fee

Bankruptcy property inspection fee

Brokers opinion of value fee

Am I responsible for these fees? According to my research they should have filed for administrative expenses via 11USC 503? Please advise.. Thanks


Asked on 9/01/03, 3:06 pm

1 Answer from Attorneys
Joel M. Grafstein Grafstein & Arcaro, LLC

Re: Additonal bankruptcy fees after discharge

I think that you are accurate, the additional fees would have had to be included within the bankruptcy case, in the proof of claim. Although the law is not clear in Connecticut, I would suggest that you ask your attorney to request the release or waive of this charge, or in the alternative that he (or she) file a motion to compel compliance with the Bankruptcy Code, or a motion to enforce the Court's Order of discharge.

I hope that this is of assistance.

Read more
Answered on 9/01/03, 7:37 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Connecticut