Official Procedure Last Change September 18, 2017
Motion for Determination of Fees, Expenses or Charges
How to file:
Location of event: Bankruptcy > Motions, Applications & Briefs > Determination of Fees, Expenses or Charges (Rule 3002.1), Motion for
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.
This event should not be used to file a challenge to a Notice of Payment change - the Motion to Determine Validity of Payment Change event must be used instead.
- A certificate of service must be included.
- Filing party is responsible for uploading a proposed order.
1. Log into CM/ECF.
2. Select Bankruptcy > Motions, Applications & Briefs.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Determination of Fees, Expenses or Charges (Rule 3002.1), Motion for from the event list and 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, or cannot be selected, view instructions on adding a 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.
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. Select prefix text, if applicable, 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.
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.