Local Rule 3002.1-3: MOTIONS DECLARING DEBTOR CURRENT ON MORTGAGE

RULE 3002.1-3. MOTIONS DECLARING DEBTOR CURRENT ON MORTGAGE.

(a) Contents of Motion. Each motion declaring debtor current filed pursuant to Bankruptcy Rule 3002.1(f) and (h) shall:

(1) inform the Mortgage Creditor of its obligation to file and serve a response under Bankruptcy Rule 3002.1(g) that includes the information specified in paragraph (b) below; and

(2) include in the proposed order (A) a directive to enter on the Mortgage Creditor's (or its servicer's) books an entry reflecting the date and content of the Court order, including any corrective entry necessary to align its books with the Court order, and (B) an injunction against the Mortgage Creditor sending inaccurate notices.

(b) Contents of Response. Every response filed by a Mortgage Creditor, or its servicer, pursuant to Bankruptcy Rule 3002.1(g) shall contain the following information:

(1) whether it agrees the debtor has paid in full the amount required to cure any pre-petition default;

(2) whether the debtor is otherwise current on all post-petition payments, including any fees, charges, escrow, expenses, or costs associated with the mortgage loan due through the date of the response;

(3) any unpaid principal balance owed as of that date;

(4) any escrow account balance as of that date;

(5) any suspense or other unapplied account balances as of that date; and

(6) any fees, expenses, or charges that have been allowed but are unpaid as of that date.

(c) Duty to File Motion.

(1) Conduit Mortgage Payment case. The trustee shall file any motion to declare debtor current in a Conduit Mortgage Payment case.

(2) Non-Conduit Mortgage Payment case. The debtor's counsel (or the debtor, if pro se) may file any motion to declare debtor current in a case where the debtor has made the mortgage payments directly to the Mortgage Creditor or its servicer during the chapter 13 case.