IMPLEMENTATION OF CHANGES TO BANKRUPTCY RULES 3001(c) and 3002.1 WEBINAR till 12/9/11 The local bankruptcy rules and Local Bankruptcy Forms are adopted to govern the practice and procedure before the united states bankruptcy court for the Middle District of Pennsylvania.
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(C) If a security interest is claimed in property that is the debtor’s principal residence, the attachment prescribed by the appropriate Official Form shall be filed with the proof of claim. If an escrow account has been established in connection with the claim, an escrow account statement prepared as of the date the petition was filed and in a form consistent with applicable nonbankruptcy.
RULE 3001-2. Attachments to Proof of Claim. 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
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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New Bankruptcy Rule 3002.1, effective December 1, 2011, provides a process for a Chapter 13 debtor to cure a default and maintain payments on a home mortgage during the plan. It applies to claims that are (1) secured by a security interest in the debtor’s principal residence; and (2)International Activity in U.S. residential real estate.
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.
(a) Form and Content. 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 [.]