Local Rule Rule 3002-3: CHAPTER 13 - NECESSITY FOR FILING CLAIMS

Rule 3002-3 CHAPTER 13 - NECESSITY FOR FILING CLAIMS In order to participate in the distribution under a chapter 13 Interim or Final Plan Confirmation Order, any unsecured, priority or secured creditor must file a proof of claim.

A. The creditor's account number must be conspicuously stated on the claim form.

B. A claim filed by a secured creditor shall identify the collateral. A holder of a claim secured by the debtor's personal residence must separately state the following: arrearage, late fees, escrow arrearage, attorney's fees and foreclosure costs incurred through the date of filing of the debtor's bankruptcy petition and the amount necessary to cure all arrearages, as well as the principal balance, applicable interest rate and amount of the regular monthly payment. Any post-petition arrearage must be separately stated and itemized.

C. No deficiency shall be paid to a creditor following the consensual relinquishment of collateral unless the creditor files and serves on the chapter 13 trustee, the debtor and debtor's attorney, if represented, a notice of intention to collect a deficiency within twenty-eight (28) days after the effective date of the surrender.

D. If an amended proof of claim is filed after the deadline for filing claims such claim must be served by the creditor on the chapter 13 trustee and the debtor and debtor's attorney, if represented. All objections to the amended proof of claim must be filed and served within fourteen (14) days.

E. Failure of a creditor to file a claim provided for in the confirmed plan shall cause the chapter 13 trustee to increase the percentage to be paid to those creditors who have allowed claims accordingly, provided that payments shall not exceed 100 percent of the total amount of the allowed unsecured claims (plus interest if provided in the plan for such claims). Distributions shall be made on a pro rata basis as calculated by the chapter 13 trustee.

F. All notices of post-petition monthly payment changes on mortgages (required by floating interest rates or changes in the insurance and tax escrow payments, for example) must be served on the debtor, the debtor's counsel and the chapter 13 trustee no later than twenty-one (21) days before the new payment amount becomes due, regardless of whether such payments will be paid by the trustee or directly by the debtor. If no objections are filed within fourteen (14) days, the chapter 13 trustee is authorized to amend the monthly payments he makes to mortgage holders accordingly. The Court will not enforce, and the chapter 13 trustee need not comply with, a Default Notice where the mortgage holder has not complied with this Rule.

G. If a secured creditor obtains relief from the automatic stay, the chapter 13 trustee shall suspend distributions to all creditors with claims secured by the collateral released from the automatic stay, following the chapter 13 trustee's receipt of notice of the grant of relief. At such time, the noticing obligations imposed by Fed. R. Bankr. P. 3002.1 shall cease, unless the Court orders otherwise. The chapter 13 trustee shall, however, continue to make distributions to the remaining creditors in accordance with the terms of the plan.

H. The debtor, or debtor's attorney if represented, shall review the proofs of claim filed and file objections to any disputed claims within ninety (90) days of the claims bar date. Absent an objection, the proof of claim will govern as to the classification and amount of the claim.