In a recent Alamba bankruptcy court ruling, the court ruled that the debtor is not obligated debtor to pay the lender’s bankruptcy-related attorney’s fees. The court relied on the four corners of the Chapter 13 debtor’s mortgage finding that there existed no unambiguous language rendering the borrower liable for attorney’s fees incurred by the lender after an event of default by the borrower.
The court disallowed “filing fees and court costs” in the amount of $300, and fees for “plan review” in the amount of $350, sought by the debtor’s mortgage creditor in its Rule 3002.1(c) Notice of Post-Petition Mortgage Fees, Expenses, and Charges.
In re Clark, 593 B.R. 661 (Bankr. S.D. Ala., August 6, 2018)