Overview:
In a chapter 13 case, the debtor must seek permission of the court to modify a mortgage loan, including the refinancing of a mortgage. Sometimes these modification requests are filed in the form of a stipulation.
This filing should be accompanied by the Motion/Pleading (or Stipulation), Notice of Motion, Mortgage Modification Agreement, and a Proposed Order. When required by Local Bankruptcy Rule 9013-3, a Certificate of Service must also be filed.
For order format, please see Proposed Orders.
Codes, Rules and Forms:
| Bankruptcy Code: | None | Bankruptcy Rule: | None | Local Rule: | None | Local Form: | None |
CM/ECF Event(s):
Motions/Applications, Mortgage Modification
Noticing:
| A.Type: | Passive – 21 day language |
| B.Who Serves: | Movant |
| C.Service: | P |
Rev. 12/22/21