IMPLEMENTATION OF CHANGES TO BANKRUPTCY RULES 3001(c) and 3002.1 WEBINAR till 12/9/11

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.

A proof of claim shall include those documents required by F.R.B.P. 3001(c) and (d); and an itemized summary of the account showing, as of the date of the commencement of the debtor’s bankruptcy case , the unpaid principal balance, all accrued interest, forced-placed insurance, late charges, and other charges; the rate of contract or other interest.

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Federal Bankruptcy Rule Changes Effective December 1, 2016 RULE DESCRIPTION . 1010: Service of Involuntary Petition and Summons . Amended to remove reference to service. Rule 3002.1. Notice Relating to Claims Secured by Security Interest

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The Court found that it was authorized to issue sanctions under Rule 3002.1(i) and, under its inherent powers under Section 105 of the Bankruptcy Code, to ensure future compliance with the rules.

It has been five years since Congress and the U.S. Supreme Court enacted bankruptcy rule 3002.1. Hailed as a victory for homeowners against greedy mortgage banks, the rule was designed to force banks to certify to the court that the homeowner was current in payments at the conclusion of a chapter 13 case.

Individuals filing for bankruptcy under Chapter 13 must use a new form that presents their payment plan in a more uniform and transparent manner, and creditors will have less time to submit a proof of claim, under new bankruptcy rules and form amendments that took effect Dec. 1.

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Rule 3002.1 Notice Relating to Claims Secured by Security Interest in the Debtor. The holder of the claim shall file and serve on the debtor, debtor’s counsel, and the trustee a notice itemizing all fees, expenses, or charges (1) that were incurred in connection with the claim after the bankruptcy case was filed,

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