Motion for Determination of Final Cure and Payment

Menu item to use:

Bankruptcy > Motions, Applications & Briefs > Determination of Final Cure and Payment (Rule 3002.1), Motion for

 

FRBP 3002.1

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 should be filed by the debtor or trustee if they wish to request that the Court set a hearing in order to make a determination on the status of the mortgage. It must be filed as a motion, not an objection. The Motion must be filed within 21 days after service of the Response.

 

Filing Requirements

         

Step-by-Step Procedures:

1. Log into CM/ECF

 

2. Select Bankruptcy > Motions, Applications & Briefs

 

3. Enter the case number (e.g. xx-xxxxx). Click Next

 

4. Select Determination of Final Cure and Payment (Rule 3002.1), Motion for from the event list. Click Next

 

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

 

6. Check box if jointly filing with another attorney, click Next.

 

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next

 

NOTE: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

 

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

 

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

 

9. Browse to select the Motion (pdf file).  Click Next

 

10. Click to select the claim to which the Motion relates and click Next

 

11. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next

 

12. Enter additional text, if desired, and/or select prefix text and click Next

 

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.

 

13. Verify final docket text. If correct, click Next to submit and to review Notice of Electronic Filing.

 

14. Upload proposed order.