How To ProcessOverviewUpdated: Wednesday, January 31, 2024Overview: A Motion to Determine Mortgage Fees and Expenses is filed within one year after the service of a Notice of Postpetition Fees, Expenses and Charges to request the court determine whether payment of any claimed fee, expense or charge is required by the underlying agreement and applicable nonbankruptcy law to cure a default or maintain payments in accordance with §1322(b)(5) of the Code. Forms/RulesRules/Code Sections: FRBP 3002.1(e) Filing RequirementsFiling Requirements: Document in basic captioned format Certificate of Service Notice of Hearing DocketDocket: Ensure Filing Requirements are met Select Bankruptcy Select Motions/Applications Enter case number (xx-xxxxx) Click Next Select the party filer Click Next If the party is not listed Use Add/Create New Party Click Next If you see the message: IMPORTANT: The following attorney/party association(s) will be created in this case. De-selecting a party association will result in the filing attorney NOT receiving Notices of Electronic Filing for that party. If this is a joint filing, review the list carefully to ensure that only parties represented by the filing attorney are selected. Remove the check mark from any party not represented by the filing attorney Click Next Select Determine Mortgage Fees and Expenses, Motion to Click Next Answer the question: Does this motion include a completed notice of hearing? Browse to select the document to be filed (PDF) Click Next Refer to existing event(s), if applicable Insert hearing information, if applicable (if hearing not included, click Next) Click the clock icon to select Hearing Time Click the calendar icon to select Hearing Date Click the drop-down menu to select Location Click Next If referring to an existing event Select the category to which your event relates Click Next Select the appropriate event(s) to which your event relates Click Next Modify the docket text by using the drop-down and free text boxes to enter additional information, if necessary Click Next Verify docket text Click Next ‹ Motion to Determine Final Cure and Payment re: 3002.1 up Motion to Determine Validity of Payment Change ›
