IN RE: THE ASPEN STREET CORPORATION Chapter 11, Debtor(s).
Bky. No. 07-10858ELF.United States Bankruptcy Court, E.D. Pennsylvania.
May 29, 2009
ORDER
ERIC FRANK, Bankruptcy Judge
AND NOW, upon consideration of the Motion of The Aspen Street Corporation (“the Debtor”) to Set the Claim of Sovereign Bank, N.A. (“Sovereign”) and Determine the Amount of the Monthly Payments (“the Motion”), Sovereign’s Response thereto, and after a hearing, and for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED and DETERMINED that:
1. Post-petition attorney’s fees and late charges provided for under the parties’ agreement and
otherwise allowable as part of Sovereign’s allowed secured claim, see 11 U.S.C. § 506(b),
may not be included in determining Sovereign’s allowed secured claim, see Confirmed Plan
§ 3.2; 11 U.S.C. § 1141(a).
2. A further hearing on the Motion is scheduled for July 1, 2009, at 11:00 a.m. so that the
parties may offer evidence on the issue of the amount of the post-confirmation monthly
instalment due to Sovereign under § 3.2 of the confirmed plan.
3. In addition, Sovereign shall file a proof of claim on or before June 10, 2009. The proof of
claim shall be consistent with Paragraph 1 of this Order.
4. The Debtor shall file any objections that it may have to Sovereign’s proof of claim on or
before June 17, 2009.
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5. If the Debtor files an objection pursuant to Paragraph 3 above, a hearing on the objection will
be held on July 1, 2009, at 11:00 a.m.
