Local Rule RULE 3001-1: Proof of Claim
Bankr. E.D. La. — Civil rule
RULE 3001-1 Proof of Claim Every proof of claim secured by real property shall include all outstanding escrow charges owed as of the petition date and be calculated:
A. The actual escrow balance as of the petition date must be itemized in the proof of claim. Creditors are required to disclose the last year's disbursement for escrowed property taxes and insurance premiums as well as the date of last payment.
B. To calculate the past due escrow amounts, the prior year's disbursements should each be divided by 12 then multiplied by the number of months between the date of last payment and the petition date. The sum of these amounts, plus two months worth of escrow payments as allowed by RESPA, should then be subtracted from the actual escrow balance existing on the petition date. If the difference is a negative number, the sum should be reflected on the proof of claim as the total past due. If the difference is a positive number, it should be noted as a credit against other sums owed.
C. The calculations should appear on the face of the proof of claim:
Escrow charges Amount Date paid Mo amt Mos to petition date Total due Hazard Ins $A X/X/XX A/12=M X/X/XX-Petition date=N M*N Flood Ins $B X/X/XX B/12=O X/X/XX-petition date=P O*P Taxes $C X/X/XX C/12=Q X/X/XX-Petition date=R Q*R Total S T 1. The two (2) months worth of escrow payments allowed under RESPA are calculated: [(A + B + C)/12 ] x 2 = U. U + T = Past Due Escrow Payments.
2. The actual escrow balance on the petition date minus the Past Due Escrow Payments (U + T) = the escrow balance on proof of claim.
3. The debtor's postpetition escrow account should begin with a balance equal to the Past Due Escrow Payments (U + T).
4. The new monthly postpetition escrow payment ("S") should be added to postpetition installments of principal and interest beginning on the first due date following the petition date.
D. The proof of claim should itemize only the interest and principal components of all prepetition past due installments. Any amounts held in debtor's suspense, as well as all other outstanding fees, costs, and charges, should be separately itemized.