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Winston Land Case Summary

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Johnny Lee and Kimberly A. Lee, Debtors herein, filing this objection to application for compensation and reimbursement of expenses for attorney for Winston Land and Cattle Company, respectfully shows as follows: 1. Debtors admits the allegations of paragraph 1 and 2.. 2. Debtors denies the allegations or lacks knowledge of the allegations of paragraph 3, 4, and 5.
By way of further answer, the Debtors would allege the request for compensation and reimbursement were not necessary, the services were not performed within a reasonable amount of time, and the compensation is not reasonable, based on customary compensation.
The dispute between the Debtors and Winston Land began with the Debtor incorrectly lumping two promissory notes into one …show more content…
The objection to the modification filed by Winston Land resulted in a benefit of 2% increase in the interest rate to one of the Winston Land proof of claim. Over 60 months Winston Land will receive just under an additional $1,250.00 in interest payments from the Debtor. Yet Winston Land is requesting this Court an award of attorney fees in the amount of $7,680.00 for this benefit. This is not reasonable.
The Motion to Lift Stay and the Objection to the Plan modification was based on a flawed premise. Winston Land objected on the bases that the Debtors were not allowed to pay the entire claim of Winston Land through the Chapter 13 Plan pursuant to 1322(b)(2). The Debtors believe Winston Land first learned of their mistake during a recent court hearing. It is not the duty of the Debtors to keep their creditors informed of the Bankruptcy Law. The Debtors should not have to bare the cost of the research that was performed by Winston Land attorney on a code provision that is clear and

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