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

The changes to Rule 3001 of the Federal Rules of Bankruptcy Procedure require notices relating to claims secured by a mortgage on a debtor’s principal residence, impose new obligations on mortgage holders, servicers and their attorneys for claims involving borrowers who are individual debtors in current and new bankruptcy cases.

A proof of claim or interest shall be filed in accordance with Rule 5005. (c) Time for Filing . In a voluntary chapter 7 case, chapter 12 case, or chapter 13 case, a proof of claim is timely filed if it is filed not later than 70 days after the order for relief under that chapter or the date of the order of conversion to a case under chapter 12.

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The treatment of Homeowner’s Association Fees in bankruptcy is a complex question. Are they dischargeable in chapter 7 and chapter 13? Does Rule 3002.1 apply? Can underwater HOA liens be avoided? This webinar will answer these questions and more as we explore the treatment of HOA fees in bankruptcy.

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of Rule 3002.1 Claim holder Notice of change in payment amount served to be filed and served on the debtor, debtor’s counsel and the trustee Notice to be filed and no later than 21 days before a payment in the new amount is due Supplement 1 (to Official Form B10), "Notice of Mortgage Payment Change" ECF event: "Notice of Mortgage Payment

Rule 3002.1 Notice Relating to Claims Secured by Security Interest in the Debtor. (a) In General. This rule applies in a chapter 13 case to claims (1) that are secured by a security interest in the debtor’s principal residence, and (2) for which the plan provides that either the trustee or the debtor will make contractual installment payments.

A proof of claim is a written statement setting forth a creditor’s claim. A proof of claim shall conform substantially to the appropriate Official Form. (b) Who May Execute. A proof of claim shall be executed by the creditor or the creditor’s authorized agent except as provided in Rules 3004 and 3005. (c) Supporting Information.

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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,