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.
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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:
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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.
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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.
Changes to the Proof of Claim Form as of December 1, 2011. FRBP 3002.1 is a brand new rule that applies to proofs of claims filed in Chapter 13 cases only and to claims secured by the debtor’s principal residence. Rule 3002.1 also deals with the finality of Chapter 13 cases and curing any discrepancies in final cure payments.
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.