Local Rule L.B.R. 3001-1: Proof of Claim Attachment Required for Claims Secured by Security Interest in the Debtor's Principal Residence

L.B.R. 3001-1 Proof of Claim Attachment Required for Claims Secured by Security Interest in the Debtor's Principal Residence.

(a) In General.

This rule applies in all cases and with regard to claims that are secured by a security interest in the individual debtor's principal residence. For chapter 13 cases, this rule applies in addition to the requirements of Rules 3002 and 3002.1.

(b) Mortgage Proof of Claim Attachment.

The holder of a claim secured by a security interest in the debtor's principal residence shall attach to its proof of claim an exhibit reflecting at least the following details regarding the prepetition claim being asserted: (a) all prepetition interest amounts due and owing, itemized such that the applicable interest rate is shown, as well as the start and end dates for accrual of interest at such interest rate; (b) all prepetition fees, expenses, and charges due and owing, itemized to show specific categories (e.g., appraisals, foreclosure expenses, etc.) and the dates incurred; (c) any escrow amount included in the monthly payment and, if there is an escrow account, a supplemental attachment of an escrow statement prepared as of the petition date; and (d) a statement reflecting the total amount necessary to cure any default as of the petition date (which statement must show (i) the number of missed payments, (ii) plus the aggregate amount of any fees, expenses, and charges due and owing, (iii) less any funds the creditor has received but not yet applied).

(c) Form and Content.

The proof of claim attachment described in this rule shall be prepared as prescribed by Official Bankruptcy Form 410A.