Legal Question in Bankruptcy in Florida

My husband and I filed Chapter 7 bankruptcy this year and surrendered our house (which had a mortgage + a HELOC). We received a discharge for all debts. Last week we received (via usps mail) a notice for summary of final judgement, which we were expecting as part of the foreclosure process, but it also states "AND TAXATION OF ATTORNEYS FEES AND COSTS". This notice was from the law firm of David Stern in Plantation, FL which I read less than favorable things about.

What exactly does "taxation of attorney's fees and costs" mean? Does it mean that we would be responsible for the mortgage company's foreclosure filing fees and attorney's costs, or does that mean that we would have to pay taxes on those amounts as "income"? We thought that we were not liable for any debts attached to the property after the Chapter 7 discharge. If this law firm is going to try and make us liable for any such "fees" do we have any legal recourse?


Asked on 11/24/09, 12:29 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

If your bankruptcy was prior to the suit, then the fees cannot be assessed, but this would all need to be argued to the court. The note you signed for the debt makes you responsible for the fees and costs that were required to obtain a judgment when you stopped paying. Whether you owe the fees is a question that depends on your bankruptcy and discharge timing as compared to the suit and the fees timing.

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Answered on 11/29/09, 12:42 pm
Steven Meyer CPLS, P.A.

If you gave the property back to the bank during the bankruptcy, then the foreclosure case should have been withdrawn from court. In that case, the law firm may have made an error and filed the motion for summary judgment by mistake.

If you did not give the home back to the bank during the bankruptcy, then the foreclosure case would continue after the end of the bankruptcy case. The foreclosure attorneys would be entitled to ask the court to add on attorney's fees and costs, and award those to the bank at the end of the foreclosure.

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Answered on 11/29/09, 1:22 pm


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