Notice of Final Cure Payment

Menu item to use:

Bankruptcy > Notices & Certifications > Final Cure Payment (Rule 3002.1), Notice of

 

FRBP 3002.1(f)

 

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 files a Notice of Final Cure Payment when they believe that a mortgage is current. This Notice must be filed within 30 days after the debtor completes all payments under the plan.

If the debtor contends that the final cure payment has been made and that all plan payments have been completed, the debtor may file and serve the Notice if the trustee does not do so within the 30 day period.

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.

 

 

Filing Requirements

 

Step-by-Step Instructions

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 Final Cure Payment (Rule 3002.1), 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 Notice relates and click Next

 

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

 

10. 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.