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FYI: Bankruptcy Rules Advisory Committee soliciting comments by
Hello Everyone:
I don't know if anyone else gets the NCLC Reports on Bankruptcy and
Foreclosures Edition. But in case some of you who are interested don't get
it, it included an article regarding bankruptcy rule changes and they were
seeking input specifically wanting examples of problems from specific cases
that would be helped by the rule changes so they can better document the
need for the rule changes. If you want more info e-mail me and I can fax
the article to you.
IN SUM: (taken from NCLC Reports)
"Proposed changes to Rule 3001(c) would require additional supporting
information for proofs o claim, including an itemized statement of interest,
fees and expenses included in the claim amount, and a statement of the
amount necessary to cure any default on the account. New proposed Rule
3002.1(a) and (b) would require that payment changes on mortgage accounts
due to interest rate and escrow account adjustments must be sent no later
than 30 days before the new payment is due.
Other proposed provisions of new Rule 3002.1 would require mortgage
creditors to file a statement at the end of the case as to whether the
debtor has cured the default and is otherwise current. These provisions
include a hearing procedure for the court to resolve disputes on whether
fees are required by the underlying agreement and applicable nonbankruptcy
law. Similar to discovery sanctions under FRCP 37 if the creditor fails to
provide the required information, proposed Rule 3001(c)(2)(D) and new Rule
3002.1(g) would preclude the creditor from presenting the omitted
information, in any form as evidence in any hearing or submission in any
contested matter or adversary proceeding in the case, unless the court
determines that the failure was substantially justified or is harmless.
Debtor's counsel experiencing problems with client's mortgage claims are
urged to submit comments to the Bankruptcy Rules Advisory Committee. Email
to: Rules_Comments@ao.uscourts.gov by February 16. Also you can go to the
court's websit at "Submit Comments" at the U.S. Court's website, at
www.uscourts.gov/rules/index.html.
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (323) 304-5496
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for ex parte Applications via voicemail or by email. You must comply with
California Law and give notice to a person in my office during regular
business hours.
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Hello Everyone:I don't know if anyone else gets the NCLC Reports on Bankruptcy and Foreclosures Edition. But in case some of you who are interested don't get it, it included an article regarding bankruptcy rule changes and they were seeking input specifically wanting examples of problems from specific cases that would be helped by the rule changes so they can better document the need for the rule changes. If you want more info e-mail me and I can fax the article to you.
IN SUM: (taken from NCLC Reports) "Proposed changes to Rule 3001(c) would require additional supporting information for proofs o claim, including an itemized statement of interest, fees and expenses included in the claim amount, and a statement of the amount necessary to cure any default on the account. New proposed Rule 3002.1(a) and (b) would require that payment changes on mortgage accounts due to interest rate and escrow account adjustments must be sent no later than 30 days before the new payment is due.
Other proposed provisions of new Rule 3002.1 would require mortgage creditors to file a statement at the end of the case as to whether the debtor has cured the default and is otherwise current. These provisions include a hearing procedure for the court to resolve disputes on whether fees are required by the underlying agreement and applicable nonbankruptcy law. Similar to discovery sanctions under FRCP 37 if the creditor fails to provide the required information, proposed Rule 3001(c)(2)(D) and new Rule 3002.1(g) would preclude the creditor from presenting the omitted information, in any form as evidence in any hearing or submission in any contested matter or adversary proceeding in the case, unless the court determines that the failure was substantially justified or is harmless.
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