Thursday, December 1, 2011

New Forms Effective December 1, 2011

New Forms.  That's right; as of December 1, 2011, Rule 3001(c) requires additional information be included in the filing of a proof of claim. More specifically, if the secured property is the debtor's principal residence, an Official Form must be attached to the Proof Of Claim. Additionally, if the claim includes an escrow account, then an escrow account statement, as of the date of the filing of the petition, must be attached.

A failure to include the information has remedies under 3001(D), which states:

If the holder of a claim fails to provide any information required by this subdivision (c), the court may, after notice and hearing, take either or both of the following actions:
     (i) 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
     (ii) award other appropriate relief, including reasonable expenses and attorney's fees caused by the failure. [emphasis added]

So, according to the rule, the remedies are at the Court's discretion.

New Rule 3002.1(b) (effective as of December 1, 2011), deals with payment changes on claims that have the debtor's principal residence as a security interest in Chapter 13 cases. The change must be served no later than 21 days before the new payment is due. However, Rule 3002.1(c) requires an itemized notice to be given, within 180 days of incurrence of any postpetition fees, expenses, or charges that the holder of the claim asserts are recoverable from the debtor or against the debtor's principal residence. This might include, for example, inspection fees, late charges, or attorney's fees.


  1. I read that shall govern all process in bankruptcy situations thereafter started andand, insofar as just and practical, all process then pending.

    Bankruptcy forms


  2. I expect the meaning of this will ultimately be decided by the Court. For now, I recommend using the new forms in all cases, whether filed before, on, or after December 1, 2011.