Can a mortgage company legally file a proof of claim 3 months after Chapter 13 deadline?

UPDATED: Oct 2, 2013

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Can a mortgage company legally file a proof of claim 3 months after Chapter 13 deadline?

Can a mortgage company legally charge a filing fee 5 months after filing proof of claim with bankruptcy court?

Asked on October 2, 2013 under Bankruptcy Law, Missouri


Terence Fenelon / Law Offices of Terence Fenelon

Answered 9 years ago | Contributor

Your obligation to the mortgage company is controlled by the note and mortgage signed at the origination of the loan. You don't mention what kind of "filing fee" was charged.  Was it a legal fee resulting from the default and the filing of the Chap. 13?  If so, the company can file a motion for costs of collection, which are rountinely granted. Was the mortgage claim covered in the Chap 13 Plan?   Was the Plan confirmed?  If so, they may be stuck with the terms of the confrmed plan.  But your question as to whether it is legal , well, let's just say that they didn't break a law.  If you don't like it. file an objection.  That's why we have judges.  If you have an attorney, bring it to his/her attention.

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