Response to Notice of Final Cure Payment

 

How to file:

Location of event: Bankruptcy > Claims  > Claim Events > Final Cure Payment (Rule 3002.1), Response

to Notice of

 

Things to be aware of when filing: An appearance is not required.

 

 

FRBP 3002.1

 

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

General Information

This event is made available for use at the end of a Chapter 13 plan, as part of the process of determining whether or not a mortgage is current.

The trustee or debtor files a Notice of Final Cure Payment when they believe that a mortgage is current.

The mortgage holder is required to file a Response to Notice of Final Cure Payment within 21 days of service of the Notice, even if they do not dispute the Notice. If the Notice is disputed, a Motion for Determination of Final Cure and Payment can be filed by the debtor or trustee to request that the Court set a hearing in order to make a determination on the status of the mortgage.

The Response to Notice of Final Cure Payment is added to the claims register as a claims supplement, not to the docket, and can be viewed only by accessing the claims register.

 

 

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) and click Next

 

4.  Select Final Cure Payment (Rule 3002.1), Response to Notice of from the event list. 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. Browse to select the document to be filed  (pdf file).  Click Next

 

8. Click to select the claim to which the Response relates and click Next

 

9. Select appropriate radio buttons to indicate whether you are agreeing or disagreeing, then click Next.

 

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