Notice of Payment Change

 

How to file:

Location of event: Bankruptcy > Claims  > Claim Events > Payment Change (Rule 3002.1), Notice of

 

Things to be aware of when filing: Do not confuse this event with Notice of Exception to Filing a Notice of Payment Change, which should only be used when requesting exemption from the requirement to file notices of payment change.

 

 

FRBP 3002.1(b)

 

These instructions are for attorneys only. See separate procedure for instructions for limited users.

General Information

A Notice of Payment Change allows a mortgage holder to advise the court that there has been a change in the debtor's mortgage payment. The Notice of Payment Change must be filed at least 21 days before the new payment amount is due.

The Notice of Payment Change is added to the claims register as a claims supplement, not to the docket, and can be viewed only by accessing the claims register. (The Notice of Payment Change will appear on the docket with a document number instead of on the claims register if it is indicated during filing that no related claim has been filed.)

The Motion for Determination of Fees, Expenses or Charges event can be used to file a challenge to a Notice of Payment Change. If there is no claim on file relating to the mortgage in question, the Objection event should be used instead.

 

 

Filing Requirements

 

Step-by-Step Instructions

1. Log into CM/ ECF

 

2.  Select Bankruptcy > Claims > Claim Events

 

3.  Enter the case number (in the format xx-xxxxx).  Click Next

 

4.  Select Payment Change (Rule 3002.1), Notice of from the event list and click Next

 

5. External Users Only: Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next

 

6. Select the party filer.  If the party is not listed, click on Add/Create New Party

 

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association.

 

7. If a proof of claim has previously been filed relating to the mortgage, select the Proof of claim form has been filed radio button. (You will be asked to select the related claim in the a later step.) Otherwise, select the Proof of claim form has NOT been filed radio button. Click Next

 

8. Browse to select the document to be filed (pdf file).  Click Next

 

9. Click to select the claim to which the Notice relates and click Next (this step is skipped if you indicated in step 7 that a proof of claim has not been filed).

 

10. Verify the final docket text; if correct, click Next

 

11. Click Next to submit your document(s).

 

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

 

 

Curing Deficiencies

If the Notice is deficient, an amended document must be filed prior to the deficiency deadline using the instructions above, or the original document may be stricken.