Implementing Federal Rule of Bankruptcy Procedure 3002.1
This order is promulgated to provide for the uniform implementation of Rule 3002.1 of the Federal Rules of Bankruptcy Procedure, which became effective on December 1, 2011.
Pursuant to Rule 3002.1 (c), the holder of a claim that is secured by a security interest in the debtor's principal residence and is provided for in the debtor's plan under 11 U.S.C. § 1322(b)(5)
shall file and serve on the debtor, debtor's counsel, and the trustee a notice itemizing all fees, expenses, or charges (1) that were incurred in connection with the claim after the bankruptcy case was filed, and (2) that the holder asserts are recoverable against the debtor or against the debtor's principal residence.
IT IS HEREBY ORDERED that the chapter 13 trustee shall not pay any fees, expenses, or charges disclosed by a creditor pursuant to Rule 3002.1(c) unless the debtor's plan is modified after the filing of the notice to provide for payment of such fees, expenses, or charges.
Rule 3002.1 (f) states that
[w]ithin 30 days after the debtor completes all payments under the plan, the trustee shall file and serve on the holder of the claim [that is secured by a security interest in the debtor's principal residence and is provided for in the debtor's plan under 11 U.S.C. § 1322(b)(5)], the debtor, and debtor's counsel a notice stating that the debtor has paid in full the amount required to cure any default on the claim.
IT IS FURTHER ORDERED that the chapter 13 trustee shall file the form notice attached hereto and entitled "Notice of Completion of Plan Payments and Notice of Final Cure Payment" within 30 days after the debtor's completion of plan payments.
IT IS FURTHER ORDERED that upon the granting of stay relief in favor of a creditor that holds a claim secured by a security interest in the debtor's principal residence and that is provided for in the debtor's plan under 11 U.S.C. § 1322(b)(5), further compliance with the requirements of Rule 3002.1 are waived as to such creditor and as to the chapter 13 trustee.
Susan D. Barrett
Chief United States Bankruptcy Judge
Lamar W. Davis, Jr.
United States Bankruptcy Judge
John S. Dalis
United States Bankruptcy Judge
Dated this 4th day of December, 2012.
Savannah, Georgia
