Official Procedure Last Change December 1, 2025
Motion to Determine Final Cure and Payment of Mortgage Claim
How to file:Location of event: Bankruptcy > Motions, Applications & Briefs > Determine Final Cure and Payment of Mortgage Claim (Rule 3002.1), Motion for |
FRBP 3002.1 |
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 Disbursements Made when they believe that a mortgage is current.
The mortgage holder is required to file a Response to Notice of Disbursements Made within 28 days of service of the Notice (21 days if filing a Response to Notice of Final Cure Payment), even if they do not dispute the Notice.
A Motion to Determine Final Cure and Payment of Mortgage Claim may be filed by the debtor or trustee if they wish to request that the Court set a hearing in order to make a determination on the status of the mortgage. It must be filed as a motion, not an objection. The Motion must be filed within 21 days after service of the Response.
Filing requirements
-
Most recent version of Official Form B410C13-M2
-
Certificate of Service
-
Filing party is responsible for uploading a proposed order.
