Local Rule L.R. 3002.1: Notice Relating to Claims Secured by Security Interest in the Debtor's Principal Residence.

L.R. 3002.1 - Notice Relating to Claims Secured by Security Interest in the Debtor's Principal Residence. A. Filing. Proofs of claim related to debts secured by a security interest in the Debtor's principal residence must be filed, together with the attachments required by Fed. R. Bankr. P. 3001(c)(2)(C), no later than 70 days after the order for relief. Any attachments required by Fed. R. Bankr. P. 3001(c)(1) and (d) must be filed as an attachment to the claim no later than 120 days after the order for relief. Any notice required by Fed. R. Bankr. P. 3002.1 to be filed as a supplement to a proof of claim must be filed on the case docket instead of in the claims register. The Clerk's Office will cause any such notice, once it has been filed on the case docket, to be linked to the appropriate proof of claim as a supplement in the claims register without any further action required by the filer. The filer will still be responsible for serving the notice on the requisite parties as provided under applicable noticing procedures, including certificate of service procedures and for taking any other action required in relation to the notice. Objections to payment changes or to a notice of fees, expenses, and charges, or a motion to determine whether the change is required to maintain payments in accordance with § 1322(b)(5) of the Code may be filed by any interested party in accordance with Fed. R. Bankr. P. 3002.1.

B. Motion for Determination of Final Cure and Payment. The movant must set any such motion for hearing. The Court will not grant any such motion by default without a hearing being held. If the holder of a claim subject to Fed. R. Bankr. P. 3002.1 does not file the statement required by Fed. R. Bankr. P. 3002.1(g) within the time set forth therein, either the debtor or the Trustee may file a motion for determination of final cure and payment under Fed. R. Bankr. P. 3002.1(h) within twenty-one (21) days of the expiration of the deadline for filing the Fed. R. Bankr. P. 3002.1(g) statement.

C. Closing Case. If no motion has been filed for determination of final cure and payment under Fed. R. Bankr. P. 3002.1(h) within the time allowed, the Court will proceed with its normal case closing procedures.

D. Surrender or Stay Relief. If the property underlying a claim that is subject to Fed. R. Bankr. P. 3002.1 is surrendered, or the automatic stay of 11 U.S.C. §362(a) is lifted as to such property, the parties will no longer be required to comply with the provisions of Fed. R. Bankr. P. 3002.1 with regard to such property.

E. Creditor's Attorney Fees in Chapter 13 Cases The limits on fees pertaining to legal services performed by creditors' attorneys or for the benefit of creditors in a Chapter 13 bankruptcy case as detailed in the Procedures Manual apply to notices of fees, expenses and charges under this rule.