Type: Amicus
Date: October, 2007
Description: Whether chapter 13 trustee must pay debtor’s attorney fees approved under section 1326(a)(2) ahead of claims from unsecured and secured creditors.
Result: Debtor won. 379 B.R. 86 (Bankr. D. Md. 2007)
Fifth Circuit Affirms Denial of Attorney Fees to Wells Fargo
In a per curiam decision, the Fifth Circuit, in In re Collins, No. 10-20658 (5th Cir. August 15, 2011), upheld the lower courts’ findings that Wells Fargo was not entitled to attorney fees for filing a proof of claim where it disputed the amount of the debt as listed in the debtor’s proof of claim. The lower courts found that interpretation of the Deed of Trust did not support Wells Fargo’s position, see In re Collins, No. 07-38246, 2009 Bankr. LEXIS 1554 (Bankr. S.D. Tex. June 8, 2009), aff’d sub nom. Wells Fargo Bank, N.A. v. Collins, No. H:09-2483, 2010U.S. Dist. LEXIS 85195 (S.D.Tex. Aug. 19, 2010). In affirming, the Fifth Circuit explained that it found no reversible error in that conclusion. NACBA assisted with the debtor’s brief.