Official Procedure Last Change December 1, 2015
Notice of Final Cure Payment
How to file:
Location of event: Bankruptcy > Notices & Certifications > Final Cure Payment (Rule 3002.1), Notice of
Things to be aware of when filing: It is recommended that Official Form B4100N be used.
- 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.
- It is recommended that notices of final cure payment be filed using Official Form B4100N.
- A copy of the Notice must be served on the debtor, debtor's attorney, and the holder of the claim. If the debtor is filing the Notice, it should also be served on the trustee.
- The Notice must inform the holder of its obligation to file and serve a response within 21 days after service of the Notice.
1. Log into CM/ECF.
2. Select Bankruptcy > Notices & Certifications.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Final Cure Payment (Rule 3002.1), Notice of from the event list and click Next.
5. 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, or cannot be selected, view instructions on adding a 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.
8. Click to select the claim to which the Notice relates and click Next.
9. Select prefix text, if applicable, and click Next.
10. 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.