Motion for Determination of Fees, Expenses or Charges

Menu item to use:

Bankruptcy > Motions, Applications & Briefs > Determination of Fees, Expenses or Charges (Rule 3002.1), Motion for

 

FRBP 3002.1(e)

General Information:

If a mortgage lender has filed a Notice of Fees, Expenses or Charges, the debtor or trustee should file a Motion for Determination of Fees, Expenses or Charges if they dispute the Notice and wish the Court to set a hearing in order to make a determination on the issue. If there is no claim on file relating to the mortgage in question, the Objection event should be used instead.

The motion (or objection) must be filed within one year after service of the Notice.

 

 

Filing Requirements

 

Step-by-Step Procedures:

1. Log into CM/ECF

 

2. Select Bankruptcy > Motions, Applications & Briefs

 

3. Enter the case number (e.g. xx-xxxxx). Click Next

 

4. Select Determination of Fees, Expenses or Charges (Rule 3002.1), Motion for from the event list. Click Next

 

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

 

6. Check box if jointly filing with another attorney, click Next.

 

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next

 

NOTE: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

 

8. Select the party filer.  If the party is not listed, click on Add/Create New Party. Click Next

 

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

 

9. Browse to select the Motion (pdf file).  Click Next

 

10. Click to select the claim to which the Motion relates and click Next

 

11. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next

 

12. Enter additional text, if desired, and/or select prefix text and click Next

 

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.

 

13. Verify final docket text. If correct, click Next to submit and to review Notice of Electronic Filing.

 

14. Upload proposed order.