Notice of Exception to Filing a Notice of Payment Change

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Bankruptcy > Notices & Certifications >Exception to Filing Notices of Payment Change (Rule 3002.1), Notice of

FRBP 3002.1(b)

S.D.Ind. B-3002.1-2

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

General information

A creditor may request exemption from the requirement to file notices of payment change if:

the creditor asserts a claim secured by a security interest in the Debtor’s real property;
that claim is provided for in the plan under §1322(b)(5); and
the monthly amount due on the claim changes more than once every 60 days because the creditor’s agreement with the Debtor provides for a variable interest rate and/or a variable payment amount.

Any party may object to the Notice of Exception to Filing a Notice of Payment Change within 21 days after the Notice is filed.
A creditor subject to the exception shall provide to the Debtor and the trustee each month a statement in a customary form in accordance with applicable non-bankruptcy law that clearly identifies the payment amount due on the claim, and in addition shall provide to the trustee or the Debtor, upon request, an updated total amount due.

Filing Requirements

The Notice must be signed by the filing party.
A Certificate of Service must be included, showing service on the trustee, the Debtor, and the US Trustee.
A proposed order is not required.

Step by Step Procedures

1. Log into CM/ECF

2. Select Bankruptcy > Notices & Certifications

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

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

5. Click Next

6. Click to highlight the filing party and click Next

Note: The "Attorney/Party Association” screen may appear. If you represent the filing party, check the box to create an association.

7. Browse to select the Notice (pdf file). Click Next

8. Final docket text is displayed. Click Next to continue.

9. Verify the final docket text; if correct, 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.