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

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Rule 3001. Proof of Claim. (2) Additional Requirements in an Individual Debtor Case; Sanctions for Failure to Comply. In a case in which the debtor is an individual: (A) If, in addition to its principal amount, a claim includes interest, fees, expenses, or other charges incurred before the petition was filed,

Vt. Bankruptcy Case Opens Door To Rule 3002.1 Sanctions. If the latter amount changes over time, due to the adjustment of the interest rate, escrow account adjustments, or the assessment of fees, expenses, or other charges, notice of any change in payment amount needs to be conveyed to the debtor and trustee.

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any attachments required by Rule 3001(c)(1) and (d) – such as the note (with any endorsement or allonge), mortgage or deed of trust, and relevant assignments or supporting documents – are filed as a supplement to the holder’s claim not later than 120 days after the bankruptcy filing date.

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,

Rule 3002.1(i) contains a sanctions provision that is identical to the new provision of Rule 3001(c)(2)(D). Revisions to Official Claim Form – Form 10 In addition to the amendments and additions to the proof of claim rules, the official claim form 10 has been modified.

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.

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).

Rule 3002.1 Mortgage Payment Changes New FRBP 3002.1, effective December 1, 2011, applies to claims that are (1) secured by a security interest in the debtor’s principal residence and (2) provided for under section 1322(b)(5) in the debtor’s plan. To implement and comply with the new Rule, our existing menu option, Chapter 13 Post

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