Local Rule 3001-1: Claims and Equity Security Interests — General; Electronic Filing of Claims

3001-1 Claims and Equity Security Interests — General; Electronic Filing of Claims

(a) Proof of Security Interest. In a Chapter 7, 12 or 13 case, when a claim, or an interest in property securing the claim, is based on a writing, the creditor or the creditor's authorized agent shall provide a copy of the writing to the trustee prior to the meeting of creditors. If perfection of a security interest is claimed, the creditor shall provide proof of perfection and date of perfection to the trustee prior to the meeting of creditors—including, with respect to Motor Vehicles, proof of the date on which application was made for notation of a lien on the certificate of title and proof of the filing of any temporary lien. Any creditor asserting a security interest in property of the estate or property of the debtor shall submit to the trustee a statement of the approximate amount of debt secured by each lien.

(b) Failure to Comply. If a creditor fails to provide any information required in subsection (a) and the creditor fails to cure noncompliance within 21 days after written notice of noncompliance from the trustee:

(1) the court may, after notice and hearing, take either or both of the following actions:

(A) preclude the holder from presenting the omitted information, in any form, as evidence in any contested matter or adversary proceeding in the case, unless the court determines that the failure was substantially justified or is harmless; or

(B) award other appropriate relief, including reasonable expenses and attorney's fees caused by the failure; and

(2) there shall be a presumption that a bona fide dispute exists for purposes of sale pursuant to 11 U.S.C. § 363(f)(4).

(c) Claims Treated as "Long Term" Debts. In a Chapter 12 or 13 case, the holder of a secured claim on real estate or a motor vehicle, shall attach to the proof of claim a statement of the contractual monthly payment due for the month following the filing of the petition.

(d) Trustee Not Required to Provide Notice of Final Cure Payment When Trustee Is Not the Disbursing Agent. The Chapter 13 trustee is not required to file or serve any notice of final cure payment under FED. R. BANKR. P. 3002.1(f) in connection with any claim for which the Chapter 13 trustee is not the disbursing agent. This subsection shall not affect the ability of the debtor to file and serve any such notice.