Local Rule 3002.1-1: CLAIMS IN CHAPTER 13 CASES SECURED BY THE SECURITY INTEREST IN A DEBTOR'S PRINCIPAL RESIDENCE

RULE 3002.1-1 CLAIMS IN CHAPTER 13 CASES SECURED BY THE SECURITY INTEREST IN A DEBTOR'S PRINCIPAL RESIDENCE

(A) Debtor's Certification: In any chapter 13 case (1) that involves any claim that is secured by a security interest in the debtor's principal residence for which the plan provides that either the trustee or debtor will make payments on the debt and (2) where there is no order terminating or annulling the automatic stay related to such claim, the debtor(s) shall file, within 30 days of completion of the plan payments due under the terms of any confirmed plan, a certification (in addition to the certification required under LBR 4008-2(A)) as to whether all payments on the debt due during the life of the case have been made. If the debtor fails to timely file a certification, or if the debtor's certification states that not all payments on the debt were made during the Chapter 13 case, the standing trustee shall file a motion to dismiss without a discharge.

(B) Hearing on Response to Trustee's End-of-Case Notice of Disbursements Made: The standing trustee shall file and serve, pursuant to FRBP 3002.1(g), the Notice of Disbursements Made using Official Form 410C13-N. If the creditor files and serves a Response to Trustee's Notice of Disbursements Made, using Official Form 410C13-NR pursuant to FRBP 3002.1(g)(3), indicating either (1) in Part 2, that prepetition or postpetition arrearages have not been paid in full or (2) in Part 3, that the debtor is not current on all postpetition payments and/or has fees, charges, expenses, negative escrow amounts, or costs due and owing, or if the creditor fails to file any responses under FRBP 3002.1(g)(3), then the debtor, if represented by counsel, shall file the motion required by FRBP 3002.1(g)(4), using Official Form 410C13-M2 (Motion Under Rule 3002.1(g)(4) to Determine Final Cure and Payment of the Mortgage Claim) and set the matter for hearing in the ordinary course. If the debtor is not represented by counsel, the standing trustee shall file the motion required by FRBP 3002.1(g)(4), using Official Form 410C13-M2, and set the matter for hearing in the ordinary course.

(1) If a debtor, who is represented by counsel, fails to file the motion required by FRBP 3002.1(g)(4) or files such motion but fails to set such motion for hearing as contemplated by this Local Rule within 45 days after a creditor's Response to Trustee's Notice of Disbursement Made is filed, the Court may consider whether a reduction of the approved amount of attorney's fee is appropriate upon motion by the standing trustee.

Comments 3002.1-1 This rule is new. Along with the referenced new Exhibit 17, the rule requires the debtor to, in addition to the certification required by Rule 4008-2(A), certify the status of post-petition contractual installment payments on the debtor's principal residence where the automatic stay has been neither terminated nor annulled. The rule also requires the standing trustee to seek dismissal without a discharge if the debtor either fails to comply or certifies not all contractual installment payments were made. The rule further requires that if the creditor files a statement pursuant to FRBP 3002.1(g) indicating either pre-petition or post-petition amounts have not been paid, debtors represented by counsel must schedule a hearing thereon; the standing trustee will schedule such hearing in the instance of an unrepresented debtor. Where counsel for the debtor fails to notice such hearing, the standing trustee may file a motion seeking reduction of attorney's fees. [New Rule effective 08/01/23.]

3002.1-1 Amendments have been made that conform the terminology and deadlines in this Local Rule to new FRBP 3002.1. [New Rule effective 12/01/25.]