Important Notice to the Bar and Public Concerning General Order Abrogating General Order Adopting Supplemental Chapter 13 Plan Provisions as of Effective Date of Fed. R. Bankr.P. 3001 and 3002.1 and Related Forms
UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW JERSEY
IMPORTANT NOTICE TO THE BAR AND PUBLIC CONCERNING GENERAL ORDER ABROGATING GENERAL ORDER ADOPTING SUPPLEMENTAL CHAPTER 13 PLAN PROVISIONS AS OF EFFECTIVE DATE OF FED. R. BANKR.P. 3001 AND 3002.1 AND RELATED FORMS
EFFECTIVE DECEMBER 1, 2011
Please be advised that effective December 1, 2011, the Judicial Conference approved amendment to Fed. R. Bankr.P. 3001, Proof of Claim and the adoption of Fed. R. Bankr. P. 3002.1, Notice Relating to Claims Secured by Security Interest in the Debtor’s Principal Residence. These amended and new Federal Rules of Bankruptcy Procedure supersede the General Order of the Court entered on May 21, 2009 adopting supplemental Chapter 13 plan provisions requiring: (1) supporting information concerning proof of claim and (2) disclosure and adjudication of postpetition mortgage charges pending amendment of the Federal Rules of Bankruptcy Procedure. Accordingly, effective December 1, 2011, the Court has entered a General Order dated November 14, 2011 abrogating its May 21, 2009 General Order.
For ease of reference, the following link sets out the amendments and new forms that were approved by the Judicial Conference in September, 2011 and will take effect December 1, 2011.
Please note that these amendments and new forms include the following:
Official Form 10 (Proof of Claim) is amended to clarify that, consistent with Rule 3001(c), writings supporting a claim or evidencing perfection of a security interest – not just summaries – must be attached to the proof of claim.
Form 10 (Attachment A), Form 10 (Supplement 1), and Form 10 (Supplement 2) are three new forms for a claim secured by a security interest in the debtor’s principal residence that take effect on December 1, 2011, along with pending amendments to Rule 3001 and new Rule 3002.1 which the forms implement.
Form 10 (Attachment A) (Mortgage Proof of Claim Attachment) would be filed with the proof of claim as required by new Rule 3001(c)(2). The form includes a statement of the principal and interest due as of the petition date; a statement of prepetition fees, expenses, and charges; and a statement of the amount necessary to cure a default as of the petition date.
Form 10 (Supplement 1) (Notice of Mortgage Payment Change) would be used by the holder of a home mortgage claim to provide the notice required by new Rule 3002.1(b) of any escrow account payment adjustment, interest payment change, and any other mortgage payment change while a chapter 13 case is pending.
Form 10 (Supplement 2) (Notice of Postpetition Mortgage Fees, Expenses and Charges) would be used in Chapter 13 cases to provide notice of the date incurred and amount of any postpetition fees, expenses, and charges.
The Court hereby advises that new Official Form 10 (Supplement 1) and (Supplement 2) supercede the Court’s local forms Notice of Payment Change and Notice of Fees, Expenses and Charges, respectively. The local forms Notice of Final Cure Payment and Statement in Response to Notice of Final Cure Payment remain in effect and will be modified consistent with the adoption of Fed. R. Bankr.P. 3002.1(f) and (g).
|Dated: November 14, 2011||James J. Waldron, Clerk|