One is Rule 3002.1 which is listed further below. The language above that bankruptcy attorneys will see more often, is more a request for a comfort order. After relief is granted, the secured creditor is not obligated to comply with Rule 3002.1, the property is no longer property of the estate and there is no secured claim anymore.
– Subdivision (c). This subdivision is similar to former Bankruptcy Rule 302(c) and continues the requirement for the filing of any written security agreement and provides that the filing of a duplicate of a writing underlying a claim authenticates the claim with the same effect as the filing of the original writing. cf. rules 1001(4) and 1003 of F.R. of Evid.
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RULE 3002.1 CHANGES: WHERE ARE WE NOW? THIRTY-NINTH ANNUAL SOUTHEASTERN BANKRUPTCY LAW SEMINAR MARCH 21-23, 2013 John Rao National Consumer Law Center, Inc. In response to long-standing problems with mortgage servicing and claim documentation in chapter 13 cases, new bankruptcy rules and official forms went into effect on December 1, 2011.
IMPLEMENTATION OF CHANGES TO BANKRUPTCY RULES 3001(c) and 3002.1 WEBINAR is available for you to watch. FREE to non-members for 1 week! (offer ends 12/10/2011).
(C) If a security interest is claimed in property that is the debtor’s principal residence, the attachment prescribed by the appropriate Official Form shall be filed with the proof of claim. If an escrow account has been established in connection with the claim, an escrow account statement prepared as of the date the petition was filed and in a form consistent with applicable nonbankruptcy.
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In this webinar Debra L. Miller, Esq., chapter 13 trustee, Northern District of Indiana and Frederic Lawrence, Esq., Nelson & Frankenberger focus on Amendments to the Federal Rules of Bankruptcy Procedure, specifically Rule 3001 as to Proof of Claims and Rule 3002.1 related to noticing issues concerning mortgages.
· Rule 3001 – Prescribes in greater detail the support information required to accompany a proof of claim. Rule 3002.1 – New rule implements § 1323(b)(5) of the Bankruptcy Code which permits a chapter 13 debtor to cure a default and maintain payments of a home mortgage.
Effective December 1, 2017, certain amendments to the Federal Rules of Bankruptcy Procedure ("the Bankruptcy Rules") recently adopted by the Supreme Court will impact the allowance of secured claims in bankruptcy. Below, we focus on the amendments to Bankruptcy Rule 3002, which will serve to: