A Motion for Determination Regarding Postpetition Fees, Expenses, or Charges is a filing in a bankruptcy case that requires the court’s approval for fees, expenses, or charges incurred after the debtor has filed their bankruptcy petition. Generally, this motion is filed by either the debtor or the bankruptcy trustee. There are two types of Motion for Determination Regarding Postpetition Fees, Expenses, or Charges: (1) a motion to approve fees and expenses of the debtor's attorney, and (2) a motion to approve fees and expenses of the bankruptcy trustee. The motion for approval of the debtor's attorney fees and expenses is typically filed by the debtor's attorney, and contains a detailed list of all fees and expenses incurred in connection with the bankruptcy case. This motion is subject to the court’s review and approval. The motion for approval of the bankruptcy trustee's fees and expenses is typically filed by the bankruptcy trustee, and contains a detailed list of all fees and expenses incurred in connection with the administration of the bankruptcy estate. This motion is also subject to the court’s review and approval.
Motion for determination regarding postpetition fees, expenses, or charges
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How to fill out Motion For Determination Regarding Postpetition Fees, Expenses, Or Charges?
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FAQ
Post-petition debt is a debt you obtain after filing your bankruptcy case. These debts are not part of your bankruptcy case and will not be discharged. Any debt you acquire after filing for bankruptcy (even if your case is still pending) is considered post-petition, and you are responsible for paying it.
If there is a post petition mortgage fee noticed and allowed, and the mortgage is paid directly by the debtor/borrower, then usually it is a fee added to the debt that must simply be paid from the sale of the home or prior to release of mortgage down the road.
Prepetition: this term is often used to mean anything that occurred prior to your filing for bankruptcy protection. For example, the amount that may be behind on your house before you file bankruptcy would be called a pre-petition arrears.
Post-petition refers to anything that occurs after you've filed for bankruptcy. Conversely, the term ?pre-petition? is used to refer to anything that happened before you filed for bankruptcy. Only ?pre-petition? debts are dischargeable in bankruptcy.
When it comes to filing Chapter 7 bankruptcy, debts incurred before filing are called pre-petition debts, that debtors are discharged from, whereas debts incurred after a filing are post-petition payments, which debtors still must pay on.
Post-petition tax debts get special treatment in bankruptcy. The court always allows tax creditors to file claims for post-petition tax debts and then the claim gets priority in payment.
(1) Notice. The hold of the claim shall file and serve on the debtor, debtor's counsel, and the trustee a notice of any change that results in the payment amount, including any change that results from an interest-rate or escrow-account adjustment, not later than 21 days before a payment in the new amount is due.