Local Rule Rule 3002-2: PROOF OF ASSIGNMENT OF CLAIM IN CHAPTER 13 CASES
Bankr. D.V.I. — General rule
Rule 3002-2 PROOF OF ASSIGNMENT OF CLAIM IN CHAPTER 13 CASES.
A. Notice of Assignment. Whenever the chapter 13 trustee receives notice from an assignor or transferee that a claim has been transferred or a returned check or any other statement from a creditor indicates that the account has been paid in full, assigned, or that the recipient being paid does not own the claim, the chapter 13 trustee shall promptly place all funds intended for that creditor in reserve.
B. Reservation of Distributions. No funds will be distributed to any purported assignee or transferee without a transferred proof of claim being filed in accordance with Fed. R. Bankr. P. 3001(e) and notice issued in accordance therewith, with an opportunity to object.
C. Contents of Notice. The notice of a transferred proof of claim shall contain sufficient information, including the case number, the claim being transferred (identified by the original proof of claim number and original claimant's name and address), the nature of the collateral supporting the claim (if any), the name of the new holder of the claim, and the appropriate address to which payments should be sent. The assignee or transferee shall attach all assignments and authorizations for loan service which may be applicable to the transferred claim. Copies of the assignment or transfer shall be served on the original claimant, the debtor, debtor's counsel (if any), and the chapter 13 trustee.
D. Objections. Any objection to the transfer of a claim shall be filed within fourteen (14) days of the notice. If no objections are received, the assignee may file a certificate of no objection, at which time the trustee shall be authorized to make a distribution on the claim to the assignee to the extent permissible under the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure.
E. Noticing Requirements. To the extent the assigned claim is one that is secured by a security interest in the debtor's principal residence, the assignee or transferee must comply with the noticing requirements of Fed. R. Bankr. P. 3002.1 before the trustee is authorized to make a distribution on such claim.