Official Procedure Last Change December 3, 2012
Menu item to use: |
Bankruptcy > Limited Users > Exception to Filing Notices of Payment Change (Rule 3002.1), Notice of |
This procedure is for limited users only. See separate procedure if you are an attorney filer.
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.
2. Select Bankruptcy > Limited Users
3. Enter the case number (in the format xx-xxxxx). Click Next
4. Select Exception to Filing Notices of Payment Change (Rule 3002.1), Notice of from the event list. Click Next
5. Enter name of party filing the document and click Next
6. Browse to select the document to be filed (pdf file). Click Next
7. Verify the final docket text; if correct, click Next
8. Click Next to submit your document(s).
Curing Deficiencies
If the Notice is deficient, an amended Notice must be filed prior to the deficiency deadline using the instructions above, or the Notice may be stricken.