LUIS SOSA BETANCOURT

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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF PUERTO RICO
In re: 	:
:
LUIS SOSA BETANCOURT, 	: 	Case No. 05-11515 (GAC)
:
Debtors 	: 	Chapter 13
___________________________________:
DECISION AND ORDER
The Court entered a Decision and Order on February 1, 2007,
granting the debtor’s objection to the arrears included in a
claim filed by R&G Mortgage Corporation (“R&G”)(dkt. #44). 	The
Court concluded that the arrears were unwarranted since the
debtor was current in his mortgage payments to R&G and proposed
to maintain regular payments to R&G. 	Moreover, the Court
concluded that preparation of the proof of claim was ministerial
and that attorney’s fees could not be assessed for its
preparation. 	The Court disallowed the fees as unreasonable.
On February 12, 2007, R&G filed a motion for reconsideration
pursuant to Fed. R. Civ. P. 59(e). 	R&G contends that it is
entitled to reasonable attorney’s fees as provided for in the
mortgage contract and that the request for fees in the amount of
$1,065.84 is reasonable. 	R&G again argues that reasonable fees
should be allowed for the filing of the proof of claim and argues
that the Court did not give any value to the filing of a notice
of appearance and the responsibility that it entails.
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DISCUSSION
The First Circuit Court of Appeals has stated that relief
from judgment under Federal Rule of Civil Procedure Rule 60(b) is
an 	extraordinary remedy and that motions seeking to invoke that
rule should be granted sparingly. 	Gonzalez-Pina v. Rodriguez,
407 F.3d 425, 433 (1st Cir. 2005)(citing Karak v. Bursaw Oil
Corp., 288 F.3d 15, 19 (1st Cir. 2002)). 	R&G, however, seeks to
alter or amend the judgment pursuant to Federal Rule of
Bankruptcy Procedure 9023, which makes Federal Rule of Civil
Procedure 59 applicable. 	This Rule states that “[a]ny motion to
alter or amend a judgment must be filed no later than 10 days
after entry of the judgment.” 	Fed. R. Civ. P. 59(e). 	In seeking
reconsideration under Federal Rule of Civil Procedure 59(e), “the
moving party must ‘either clearly establish a manifest error of
law or must present newly discovered evidence.’” 	Marie v. Allied
Home Mortgage Corp., 402 F.3d 1, 7 n. 2 (1st Cir. 2005)(quoting
Pomerleau v. W. Springfield Pub. Sch., 362 F.3d 143, 146 n. 2
(1st Cir. 2004)). 	In Marie, the First Circuit also cited a
leading treatise, noting four grounds for granting a motion for
reconsideration under Federal Rule of Civil Procedure 59(e).
These are “manifest errors of law or fact, newly discovered or
previously unavailable evidence, manifest injustice, and an
intervening change in controlling law.” 	Marie v. Allied Home
Mortgage Corp., 402 F.3d at 7 n. 2 (citing 11 C. Wright et al.,
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Federal Practice & Procedure § 2810.1 (2d ed.1995)).
R&G does not indicate the grounds for its request for
reconsideration. 	R&G merely rehashes the arguments that it
previously made in response to the debtor’s objection to claim.
While the Court agrees that R&G has an interest in monitoring
bankruptcy cases involving debtors who owe R&G money, the Court
disagrees that the mere filing of a bankruptcy petition, by a
debtor that is current in payments to the bank and proposes to
remain current, justifies an award of attorney’s fees to the
bank, even if the bank is oversecured and the fees are provided
for in the mortgage contract. 	The Court finds it patently
unreasonable to surcharge the debtor for attorney’s fees under
these circumstances. 	Accordingly, the motion for reconsideration
will be denied.
ORDER
Wherefore, IT IS ORDERED that the motion for reconsideration
filed by R&G Mortgage Corporation (dkt. #45) shall be, and it
hereby is, DENIED.
SO ORDERED.
San Juan, Puerto Rico this 31st day of May, 2007.
s/Gerardo A. Carlo
__________________________
Gerardo A. Carlo
Chief U.S. Bankruptcy Judge
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