Rule 3002.1 Notice Relating to Claims Secured by Security Interest in the Debor's Principal Residence

Rule 3002.1

Notice Relating to Claims Secured by Security Interestin the Debtor’s Principal Residence

 

Overview:

This rule applies in a chapter 13 case to claims that are secured by a security interest in the debtor’s principal residence and provided for under Section 1322(b)(5) of the Code in the debtor’s plan.

Notice of Mortgage Payment Change (this is the title of the event found under Claims Actions)

Notice of Mortgage Payment Change (No Proof of Claim Filed) (this event is found under the Miscellaneous link)

No later than 21 days before a payment in the new amount is due, the holder of a claim shall file and serve on the debtor, debtor’s counsel, and the trustee a notice of any change in the payment amount, including any change that results from an interest rate or escrow account adjustment.  The notice shall be prepared as prescribed by the appropriate Official Form B10S1 and filed as a supplement to the holder’s proof of claim.

If the claim holder fails to notify or provide any information as required by this rule, the court may, after notice and hearing take either or both of the following actions:  

  • Preclude the holder from presenting the omitted information, in any form, as evidence in any contested matter of adversary proceeding in the case, unless the court determines that the failure was substantially justified or harmless; or
  • Award other appropriate relief, including reasonable expenses and attorney’s fees caused by the failure.

 Bankruptcy Rule: 3002.1(b)               Official Form:  B10S1 (12/11)

 

 Objection to Notice of Mortgage Payment Change:

 Chambers will determine what type of Notice (objection, hearing or both) will need to be sent, if any. 

 

Notice of Postpetition Mortgage Fees, Expenses and Charges (event found under Claims Actions)

The holder of a claim shall file and serve on the debtor, debtor’s counsel, and the trustee a notice itemizing all fees, expenses, or charges that were incurred in connection with the claim after the bankruptcy case was filed and that the holder asserts are recoverable against the debtor or against the debtor’s principal residence.  This notice shall be served within 180 days after the date on which the fees, expenses, or charges are incurred.  The notice shall be prepared as prescribed by the appropriate Official Form B10S2 and filed as a supplement to the holder’s proof of claim.

If the claim holder fails to notify or provide any information as required by this rule, the court may, after notice and hearing take either or both of the following actions: 

  • Preclude the holder from presenting the omitted information, in any form, as evidence in any contested matter of adversary proceeding in the case, unless the court determines that the failure was substantially justified or harmless; or
  • Award other appropriate relief, including reasonable expenses and attorney’s fees caused by the failure.

Bankruptcy Rule: 3002.1(c)               Official Form: B10S2 (12/11)

Response to Notice of Postpetition Mortgage Fees, Expenses and Charges Rule 3002.1

Chambers will determine what type of Notice (objection, hearing or both) will need to be sent, if any.

Determine Mortgage Fees, Expenses, and Charges (event found under Motions)

On motion of the debtor or trustee within one year after service of a Notice of Postpetition Mortgage Fees, Expenses, and Charges, the court shall determine, after notice and hearing, whether payment of any claimed fee, expenses or charge is required by the underlying agreement and applicable non-bankruptcy law to cure a default or maintain payments in accordance with Section 1322(b)(5) of the Code.

Bankruptcy Code: 1322(b)(5)            Bankruptcy Rule: 3002.1(e)

 

Notice of Final Cure Mortgage Payment (event found under Batch/Chapter 13)

Within 30 days after the debtor completes all payments under the plan, the trustee shall file and serve on the holder of the claim, the debtor, and the debtor’s counsel a notice stating that the debtor has paid in full the amount required to cure any default on the claim.  The notice shall also inform the holder of the claim of its obligation to file and serve a response within 21 days (Response to Notice of Final Cure Payment Rule 3002.1).  If the debtor contends that final cure payment has been made and all plan payments have been completed, and the trustee does not timely file and serve the notice required, the debtor may file and serve the notice.

Bankruptcy Rule: 3002.1(f)

 

Response to Notice of Final Cure Payment Rule 3002.1 (event found under Claims Actions)

Within 21 days after service of a Notice of Final Cure Mortgage Payment, the holder of the claim shall file and serve on the debtor, debtor’s counsel, and the trustee a statement indicating whether it agrees that the debtor has paid in full the amount required to cure the default on the claim and whether the debtor is otherwise current on all payments consistent with Section 1322(b)(5) of the Code.  The statement shall itemize the required cure or postpetition amounts, if any, that the holder contends remain unpaid as of the date of the statement.  The statement shall be filed as a supplement to the holder’s proof of claim.

If the claim holder fails to notify or provide any information as required by this rule, the court may, after notice and hearing take either or both of the following actions: 

  • Preclude the holder from presenting the omitted information, in any form, as evidence in any contested matter of adversary proceeding in the case, unless the court determines that the failure was substantially justified or harmless; or
  • Award other appropriate relief, including reasonable expenses and attorney’s fees caused by the failure.

Bankruptcy Code: 1322(b)(5)            Bankruptcy Rule: 3002.1(g)               Local Form: 3002.1-1

 

Determine Final Cure and Mortgage Payment Rule 3002.1 (event found under Motions)

On motion of the debtor or trustee filed within 21 days after service of Response to Notice of Final Cure Payment Rule 3002.1, the court shall determine whether the debtor has cured the default and paid all required postpetition amounts.

Bankruptcy Rule: 3002.1(h)