Response to Notice of Final Cure Payment

Official Procedure Last Change December 1, 2019

Response to Notice of Final Cure Payment (limited users)

How to file:  Location of event: Bankruptcy > Limited Users > Response to Notice of Final Cure Payment (Rule 3002.1)

FRBP 3002.1 S. D. Ind. 3002.1-3

This procedure is for limited users only. See separate procedure if you are an attorney filer.

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 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

• Official Form B4100R must be used.
• An attachment must be included that contains the information required by S. D. Ind. 3002.1-3.
• A copy of the Response must be served on the debtor, debtor's attorney and trustee.
• The Response must:
  • state whether the claim holder agrees that the debtor has paid in full the amount required to cure the default on the claim,
  • state whether the debtor is otherwise current on all mortgage payments, and
  • itemize the required cure or postpetition amounts, if any, that the holder contends remain unpaid as of the date of the statement.
• An appearance is not required.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Limited Users.

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

8. Select appropriate radio buttons to indicate whether you are agreeing or disagreeing, then 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.