er of such claim (or the entity collecting pay-
ments on behalf of such holder) regarding 
modification of the loan that is the subject of 
such claim; or 
‘‘(B) a foreclosure sale is scheduled to 
occur on a date in the 30-day period beginning 
on the date the case is commenced; and 
‘‘(2) in any other case pending under this chap-
ter, unless the debtor certifies that the debtor at-
tempted to contact the holder of such claim (or the 
entity collecting payments on behalf of such holder) 
regarding modification of the loan that is the subject 
of such claim, before— 
‘‘(A) filing a plan under section 1321 that 
contains a modification under the authority of 
subsection (b)(11); or 
‘‘(B) modifying a plan under section 1323 
or 1329 to contain a modification under the au-
thority of subsection (b)(11). 
‘‘(i) In determining the holder’s allowed secured claim 
under section 506(a)(1) for purposes of subsection 
(b)(11)(A), the value of the debtor’s principal residence 
shall be the fair market value of such residence on the 
date such value is determined.’’. 
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SEC. 104. COMBATING EXCESSIVE FEES. 
Section 1322(c) of title 11, United States Code, is 
amended— 
(1) in paragraph (1) by striking ‘‘and’’ at the 
end, 
(2) in paragraph (2) by striking the period at 
the end and inserting a semicolon, and 
(3) by adding at the end the following: 
‘‘(3) the debtor, the debtor’s property, and 
property of the estate are not liable for a fee, cost, 
or charge that is incurred while the case is pending 
and arises from a debt that is secured by the debt-
or’s principal residence except to the extent that— 
‘‘(A) the holder of the claim for such debt 
files with the court and serves on the trustee, 
the debtor, and the debtor’s attorney (annually 
or, in order to permit filing consistent with 
clause (ii), at such more frequent periodicity as 
the court determines necessary) notice of such 
fee, cost, or charge before the earlier of— 
‘‘(i) 1 year after such fee, cost, or 
charge is incurred; or 
‘‘(ii) 60 days before the closing of the 
case; and 
‘‘(B) such fee, cost, or charge— 
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‘‘(i) is lawful under applicable non-
bankruptcy law, reasonable, and provided 
for in the applicable security agreement; 
and 
‘‘(ii) is secured by property the value 
of which is greater than the amount of 
such claim, including such fee, cost, or 
charge; 
‘‘(4) the failure of a party to give notice de-
scribed in paragraph (3) shall be deemed a waiver 
of any claim for fees, costs, or charges described in 
paragraph (3) for all purposes, and any attempt to 
collect such fees, costs, or charges shall constitute a 
violation of section 524(a)(2) or, if the violation oc-
curs before the date of discharge, of section 362(a); 
and 
‘‘(5) a plan may provide for the waiver of any 
prepayment penalty on a claim secured by the debt-
or’s principal residence.’’. 
SEC. 105. CONFIRMATION OF PLAN. 
Section 1325(a) of title 11, United States Code, is 
amended— 
(1) in paragraph (5) by inserting ‘‘except as 
otherwise provided in section 1322(b)(11),’’ after 
‘‘(5)’’, 
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