Sanchez v. Ameriquest Mortgage Co. (In Re Sanchez)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the burden is on over-secured creditor to show reasonableness of a fee request by filing Rule 2016 application and obtaining order approving fees
• finding violation of automatic stay where mortgage creditor unilaterally assessed charges and subsequently paid itself for charges out of chapter 13 plan payments
• finding that 3002.1 notices must provide adequate descriptions for contractual charges
• noting that a secured creditor who promulgated a 'Forbearance Agreement’ that modified the terms of a confirmed plan did not comply with § 1329 for failing to file a motion to modify or seek the court’s approval was subject to sanctions for civil contempt
• “In failing to make the proper disclosures, the [lender] has acted in a manner antithetical to the spirit of the Bankruptcy Code. The three most important words in the bankruptcy system are: disclose, disclose, disclose.”
• “Res judicata cannot bar objections to charges that debtors did not know existed”

Source: CourtListener parenthetical corpus (CC0).