IMPLEMENTATION OF CHANGES TO BANKRUPTCY RULES 3001(c) and 3002.1 WEBINAR till 12/9/11
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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.
Bankruptcy Code or federal rules), and/or addressing matters where the Court determines that there is an immediate need to revise or enact a rule; (3) the assignment or reassignment of cases, or (4) the adoption and implementation of the latest version of these Local Rules and corresponding Local Forms.
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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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Rule 3002.1. Notice Relating to Claims Secured by Security Interest in the Debtor’s principal residence. (b) Notice of Payment Changes. The holder of the claim shall file and serve on the debtor, debtor’s counsel, and the trustee a notice of any change in the payment amount, including any change that results from an interest rate or escrow account adjustment, no later than 21 days before a payment in the new amount is due.
This rule applies in a chapter 13 case to claims (1) that are secured by a security. and the trustee a notice of any change in the payment amount, including any. A notice filed and served under subdivision (b) or (c) of this rule shall be. filed as a supplement to the holder's proof of claim and is not subject to Rule 3001(f).
an up-to-date document containing the latest amendments to the rules. For the. (c)(1) Each meeting for the transaction of business under this chapter by any. The amendments affected rules 2003, 2019, 3001, 4004, and. Rule 3002.1. panied by the debtor's signed application, prepared as pre-.
LOCAL BANKRUPTCY RULES. FOR THE UNITED states bankruptcy court.. rule 3001-1. Chapter 11, 12 or 13 Plan Superseded by Proof of Claim.33. RULE 3001-2. Attachments to Proof of Claim.34. RULE 3002-1. Late Filed Claims in Chapter 12 and 13 Cases.34.
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