Revised Proof of Claim Form and Related Mortgage Payment Changes

Created: December 1, 2011

Overview of Rule 3002.1 ♦ Adjustments to Claims Filing ♦ Claims Filing Requirements ♦ Preview the Claims Register ♦ New Motion Events ♦

Overview of Rule 3002.1

Provides a process for a Chapter 13 debtor to cure a default and maintain payments on a home mortgage during the plan.
Applies to claims that are (1) secured by a security interest in the debtor’s principal residence; and (2)provided for under 1322(b)(5) of the Code in the debtor’s plan.
Effective December 1, 2011

Adjustments to Claims Filing:

Revised B10 form. Sections 4 and 7 revised to clarify that supporting documents are required for secured claims.
B10 Attachment A, pursuant to Rule 3001(c)(2), is required to be filed with a Proof of Claim secured by the debtor's principal residence.
The 3 New Events listed below:
- Display as a supplement to the claim on the Claims Register
- Not an attachment to the claim
- Not an amended claim
- Docketed as a Claims Event
- Not on the public docket report
- Will appear on the Claims Register history
- Will not have a document number
- Should include a Certificate of Service

Claims Filing Requirements

Event

Filing Requirements:

Notice of Mortgage Payment Change

(B10 Supplement #1)

Creditor will notify the debtor, debtor’s attorney, and trustee of any changes in the payment amount no later than 21 days before the new payment amount is due.

The form must be served on the debtor, debtor's counsel, and the trustee.

Notice of Postpetition Mortgage Fees, Expenses, and Charges ( B10 Supplement #2)

Creditor will notify the debtor, debtor’s attorney, and trustee of all postpetition fees, expenses, and charges within 180 days after they are incurred.

The form must be served on the debtor, debtor's counsel, and the trustee.

Response to Notice of Final Cure Payment

( No Official Form)

Creditor will file in response to the Trustee's Notice of Final Cure Amount.

The form must be served on the debtor, debtor's counsel, and the trustee.

After an e-filer has filed any of these events, they ONLY appear as a supplement on the Claims Register. The entries will NOT appear on the Bankruptcy docket.