Legal Opinion
In Re Hatala
United States Bankruptcy Court, D. New Jersey
Decided July 11, 2003No. 18-33590PublishedCited by 8 opinions
1Opinion of the Court
OPINION
RAYMOND T. LYONS, Bankruptcy Judge.
Debtor moved to modify the claim of Wachovia Bank, N.A., (“Wachovia”) the first mortgagee of debtor’s home. Wachovia asserted a claim for arrears that included $4,441.20 in attorney’s fees. Debt- or objected to the fees on the grounds that they exceed the amount allowed by New Jersey law. The issue is whether a lender is entitled to its actual legal fees under a chapter 13 plan to cure arrears or if it is limited to the amount allowed in its foreclosure judgment under the New Jersey Court Rules. Because 11 U.S.C. § 1322(e) directs that the amount…
2Cases cited14 opinions
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- State Farm Mutual Automobile Insurance Company v. Leonard Coviello Mary Coviello, H/w Ann CovielloCourt of Appeals for the Third Circuit · 2000
- In Re Ronald J. Yuhas, Debtor. Thomas J. Orr v. Ronald J. YuhasCourt of Appeals for the Third Circuit · 1997
- Central Penn Nat'l Bank v. Stonebridge Ltd.New Jersey Superior Court Appellate Division · 1982
- 79-83 Thirteenth Avenue, Ltd. v. DeMarcoSupreme Court of New Jersey · 1965
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re TudorUnited States Bankruptcy Court, S.D. Ohio · 2005
- In Re ThompsonUnited States Bankruptcy Court, S.D. Ohio · 2007
- Ryker v. CurrentDistrict Court, D. New Jersey · 2006
- In Re ValdezUnited States Bankruptcy Court, S.D. Texas · 2005
- In re MendezUnited States Bankruptcy Court, D. New Jersey · 2019
3 more not listed; retrieve them via the Exa API.