IN RE: RODRIGUEZ | NJ Bankruptcy Court awards debtors counsel 85K fees because Countrywide willfully violated the automatic stay pursuant to § 362(k)

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IN RE: RODRIGUEZ | NJ Bankruptcy Court awards debtors counsel 85K fees because Countrywide willfully violated the automatic stay pursuant to § 362(k)

IN RE: RODRIGUEZ | NJ Bankruptcy Court awards debtors counsel 85K fees because Countrywide willfully violated the automatic stay pursuant to § 362(k)

UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW JERSEY

Re: In re Rodriguez (Chapter 13)
Case No. 07-24687 (MBK)

EXCERPT:

D. The Attorneys’ Fees Requested are Reasonable
Having ruled that the Debtors are entitled to attorneys’ fees, the Court must determine whether the requested fees are reasonable. See Miller, supra, 447 B.R. at 434 (“For Debtors to recover attorneys’ fees, however, such fees must be reasonable and necessary”). Indeed, the policy to discourage willful stay violations is tempered by a reasonableness standard. Id. While such policy guards against excessive litigation, however, it was Countrywide’s actions that created such substantial litigation costs to the Debtors in this case. Moreover, Countrywide has voiced no objection to the reasonableness of the fees requested by Debtors’ counsel. The Court has reviewed the documentation in support of the requested attorneys’ fees and regards the fees to be reasonable in light of the work performed in this case.

V. Conclusion
For the foregoing reasons, this Court: (i) finds that Countrywide willfully violated the
automatic stay pursuant to § 362(k), (ii) awards damages to the Debtors in the form of attorneys’
fees in the amount of $85,033.814, and (iii) directs Countrywide to make payment of the award
to “Francisco and Anna Rodriguez, in care of Abelson & Truesdale, LLC” within 30 days of
entry of this ruling. The Court will enter an order consistent with its findings.

[ipaper docId=82743740 access_key=key-16dspzovwcgo0qi7jl4d height=600 width=600 /]

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One Response to “IN RE: RODRIGUEZ | NJ Bankruptcy Court awards debtors counsel 85K fees because Countrywide willfully violated the automatic stay pursuant to § 362(k)”

  1. Elizabeth Day says:

    We have been victimized and violated in every financial way possible, in our home mortgage. Oct 31, 2002 we purchased our home, we were lied to and completely swindled, We bought a house new construction house, market price was $140.425.00, we brought 500.00 earnest cash and a cashiers check of $15,000 to the table. 6% 30yr FHA fixed. Plus $75,000 builders bonus for upgrades, The realtors caught us in with an Ameri-dream Gold Builders Program which promised we didn’t have to pay any closing cost, just the FHA amount, Countrywide are the most evil, vile kind of criminal there is. They double charged us for appraisal, made-up upgrades we never received, they went so far as to file a comlpete forged copy of closing papers, dated the papers a week earlier,then we even signed them. and added tons of junk fees, Our Counrtwide loan starts at $140000. Our first 2 payments were as agreed $840.00 which included everything, in Jan 2004 our pymts jumped to $1240.00 because our escrow account was gone. This isn’t the worst. 2006 anf 2007 my husband was receiving nice bonus pay at his job, so August 25, 2008 we refinance from our loan to a 15yr fixed conventional and pay $6700 in closing cost, points at 3600, and fake leins that they made up, and never paid, I could go on and on how blaten they stole our money. A month later disaster hits us, They cut my husbands hours, and cut out bonus, so we applied for a modification in December 2009. We signed the modification offer made all payments as specified, and BofA just cashed our checks and never applied any of the payments, we were told they would be in a floating acct, and applied when our modification began may 2010. we pre-paid our payment in March, for May, and we continued on-time as specified in our signed, notorized mod that was for 3% for 15 yrs for the duration of the loan, No trial period. Then BofA sends us a Modification Denial letter after 4 payments, and due to my persistent, constant devotion for justice, by making a complete chronology, and everything in writing. December 2010 I I spoke to the boss of the boss of the boss. of my negiotor, and was given her there direct lines. I was told so many deplorable lies, but I just wrote it down, and didn’t say a word when I was told that the denial letter was sent in error, and I had always had my 3% modification as specified in the original offer, Up until December 2010, we had made every pymt on time and there was over a years of monthly payments we made, just collecting interest for BofA, this was before I even knew that they fraudulantly reported me to the 4 major credit bureaus as not making payments. I was promised I would have no late charges added ad I was told my floating acct, would be applied and I would have the paperwork in a week. Another criminal lie, I called daily, in March 2011 our monthly invoice showed 3%, we Made March, April, Mays Payment and in June of 2011 my payment was denied due to Foreclosure proceeding started on our home. We were forced to hire a bankruptcy attorney to stop it, and I thought an attorney could obtainthe accountability where my floating acctount went since I supplied all the bank statements and and copied of the cashiers checks proving pymts, No, the attorney firm said we had to pay what BofA states, BofA can’t even supply proof of claim and we have made 3 outrageous Bankruptcy payments we can’t even afford. BofA also informed my attorney we cannot receive a modification because we received one in Feb of 2011, that’s just when they wrote up the paperwork, you have to be current to start the modification process, so if we received it Feb 2011 how on earth could they forclose on us, I was just happy they told our attorney that we did have the modification, they said it out in open, even if they were wrong in began in May 2010, and it was pre-paid and on time paid. We only missed Jan and Feb 2011 payments because I still had not received anything and we were forced to hire outside modification help that was useless, I accomplished more than the Modifcation Firm, and more than the Bankruptcy attorney did. They have wronged us in every way they could. A forensic Audit shows Very Severe violations were violated and the audit was conducted before they illegally foreclosed on us. My name is Elizabeth Day. 836 CedarTrace Circle, Hernando, MS 38632, 662-701-5035. I’m waiting to hear from you.

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