IAG Federal Credit Union v. Burne

This case comes before the court on a motion for an assessment of damages filed by the plaintiff. After filing for Chapter 11 bankruptcy protection, the defendants defaulted on the terms of the reorganization plan requiring them to make certain payments to the plaintiff, a secured creditor. The plaintiff commenced foreclosure proceedings and filed for an assessment of damages, including a deficiency. Pursuant to the terms of the original note, the plaintiff also included in its calculation of damages an award of attorneys fees related to foreclosure, an inclusion contested at oral argument by…