Banruptcy and Attorney Fees

[anniegreen]

What is the name of your state? FL
I filed a chapter 13 bankruptcy. I have two mortgages.
Question 1: My first mortgage holder filed a claim for arrearage which included back payments and fees for their attorney - is this legal?
Question 2: I do not have any arrearage on my second mortgage - but my second mortgage holder put in a claim for their attorney fees listing the fees as an arrearage on my morgage - is this legal?
Question 3: Can I request that my mortgage holder attorney fees do not be listed as mortgage arrearages?
Question 4: Can I request that their fees be listed as unsecured claims.
Please, any advice you can provide will be greatly appreciated.

[anniegreen]

What is the name of your state? FL
I filed a chapter 13 bankruptcy. I have two mortgages.
Question 1: My first mortgage holder filed a claim for arrearage which included back payments and fees for their attorney - is this legal?
Question 2: I do not have any arrearage on my second mortgage - but my second mortgage holder put in a claim for their attorney fees listing the fees as an arrearage on my morgage - is this legal?
Question 3: Can I request that my mortgage holder attorney fees do not be listed as mortgage arrearages?
Question 4: Can I request that their fees be listed as unsecured claims.
Please, any advice you can provide will be greatly appreciated.

[azatty]

1. Yes.
2. Yes. This question was answered a couple days ago for you.
3. You can request whatever you want, but you won't necessarily get it. It's technically a post-petition default in payment and could be classified as such. It's really a distinction without a difference, though, because you'll still have to provide for payment of it to get your plan confirmed.
4. See (3). Go ahead and classify it as an unsecured claim in the Plan, and then you'll have the pleasure of fighting a plan objection and a proceeding under 11 U.S.C. §506 to determine secured status. If there's any equity in the property, you'll lose. The fact that you have a second mortgage suggests that there is equity beyond the first mortgage, and in a 506 matter, junior liens are not deducted when determining secured status of a senior lien.