Determine Validity of Payment Change

Last Update November 30, 2018

11/30/2018 - Created

 

Rule 3002.1(e) is amended to allow parties-in-interest to also seek a determination of the validity of a claimed fee, expense, or charge.

 

When a notice of Mortgage Payment Change (Form 410S1) is filed, parties may file a motion to determine the validity of the payment change.

 


A Notice of Mortgage Payment Change (Form 410S1) or Notice of Mortgage Payment Change(Form 410S1) (No Proof of Claim Filed) must be on the docket.

 

Step by Step Procedures

  1. Select [ Bankruptcy > Motions/ Applications ]

  2. Enter case number and click Next

  3. Select Determine Validity of Payment Change, and click Next

  4. Select the Party you represent from the party pick list or Add Create a New Party if your party does not appear in the pick list, click Next

  5. If the association screen displays when the attorney / party association does not exist, determine if association should be created, and click Next

  6. Browse, View , and Attach pdf , click Next

  7. Is this payment change for a Home Equity Line of Credit screen will display

    Select yes or no and click Next

  8. Insert Hearing Date, Time and Location, and click Next

  9. Click Next, again
  10. The Docketing Editing Screen will display. Select the appropriate prefix from the drop down menu if applicable, and click Next
  11. The will display. This is your final opportunity to modify the entry before submitting the filling.

    Basic Example:

    Example 1: If Yes was selected in step #7

    Notice of Motion and Motion to Determine Validity of Payment Change Re: Home Equity Line of Credit. Filed by AttorneyA on behalf of (party). Hearing scheduled for 11/28/2018 at 10:00 AM at 219 South Dearborn, Courtroom 682, Chicago, Illinois 60604. (Attachments: # (1) Proposed Order) ( Attorney A)

    Example 2: If No was selected in step #7

    Notice of Motion and Motion to Determine Validity of Payment Change Filed by AttorneyA on behalf of (party). Hearing scheduled for 11/28/2018 at 10:00 AM at 219 South Dearborn, Courtroom 682, Chicago, Illinois 60604. (Attachments: # (1) Proposed Order) ( Attorney A)

    12.    
  12. Verify the accuracy of the docket text.  If not correctClosedselect Bankruptcy>Motion/Applications to start over/If correct
  13. Click Next to complete filing process

The Notice of Electronic Filling will display. It serves as verification that the filing has been sent electronically to the court.

 

Copies of this notice and the document filed are emailed to all participants who receive electronic notification in the case. You have a period of 15 days for a one time free look at the documents.