Opinion
case # 12-10142
02-22-2013
David Walter Smith and Rose Marie Smith, Debtors.
Appearances: Joan Adler, Esq. Brattleboro, VT For the Debtors Jan M. Sensenich, Esq. Norwich, VT Chapter 13 Trustee Jeffrey P. White, Esq. Rutland, VT Local Counsel For the Defendant
Formatted for Electronic Distribution
Chapter 13
Appearances: Joan Adler, Esq.
Brattleboro, VT
For the Debtors
Jan M. Sensenich, Esq.
Norwich, VT
Chapter 13 Trustee
Jeffrey P. White, Esq.
Rutland, VT
Local Counsel For the Defendant
ORDER
OVERRULING THE TRUSTEE'S AND DEBTORS' OBJECTION TO THE SN SERVICING CLAIM
For the reasons set forth in a memorandum of decision of even date, THE COURT FINDS that 1. this Court has constitutional authority to enter a final judgment determining the nature and amount of SN Servicing's allowed claim, 2. SN Servicing is not bound by the terms of the confirmation order in this case because it timely filed a proof of claim asserting a right to treatment that conflicted with the confirmed plan, and 3. SN Servicing has met its burden of proof with respect to each element of the proof of claim:
a. the forbearance amount ($42,665.79),
b. legal fees and costs ($1,000.00),
c. current principal ($33,034.11),
d. pre-petition interest ($3,845.56),
e. late charges ($387.78),
f. insurance advances ($2,580.15),
g. and the fax fee ($10).
Based upon these findings, IT IS HEREBY ORDERED that the objection to claim filed by the Debtors and Trustee is OVERRULED. The SN Servicing claim is allowed as a secured claim in the amount of $83,523.39.
IT IS FURTHER ORDERED that the Debtors shall file an amended plan, consistent with this order, by April 1, 2013. February 22, 2013
Burlington, Vermont
______________________
Colleen A. Brown
United States Bankruptcy Judge