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) Number of Copies. A single proof of claim shall be filed. A claimant requesting return of a file-stamped copy must provide an additional copy of the claim and a stamped, self-addressed envelope.

(b) Supersession by Duplicate. A timely filed proof of claim that duplicates an earlier claim filed by the same entity, in the same amount, based upon the same transaction(s) and containing at least the same supporting documentation, and that is in all material aspects a "duplicate" claim, shall be deemed to supersede the earlier claim without need for an objection by any party or a court order to that effect.

(c) Address of Claimant.

(1) Notice Address. A claimant shall file and serve on the debtor, the debtor's attorney, and the trustee any change of notice address.

(2) Payment Address. A claimant shall file and serve on the trustee any change of payment address. Failure of the claimant or its agent to maintain a correct and updated payment address may cause the return of distribution checks to the trustee and may result in nonpayment of the claim.

(d) Chapter 12 and 13 Cases. Any unsecured creditor and any creditor asserting secured status as to property of the debtor or the estate, shall, in order to receive payments under a confirmed plan, file a proof of claim. A secured creditor's proof of claim shall include appropriate documentation evidencing the creditor's secured status.

(1) Mortgage Claims. If regular monthly payments to a mortgage creditor are to be disbursed by the trustee, or there is an arrearage as of the petition filing date, the mortgage proof of claim shall include Official Form 410A Mortgage Proof of Claim Attachment.

(2) Effect of Relief from Stay. An entity holding an allowed secured claim that obtains relief from the automatic stay shall receive no payments provided for in a confirmed plan on account of such secured claim after entry of the order lifting the stay. The entity may file an amended proof of claim for any deficiency claim after the collateral has been sold or otherwise disposed of. In the event the debtor retains the collateral after the stay has been lifted, payments to the creditor from the trustee may continue upon order of the court.

(3) Payment of Claims. Payment of claims shall be as provided for under the provisions of a confirmed plan or an order confirming a modified plan and the trustee is not required to accumulate funds for any claim for which a proof of claim has not been filed.

(4) Status. Except as otherwise provided by law, by specific order of the court, or by stipulation, the status of a claim as secured or unsecured will be determined from the claim as filed rather than as scheduled.