New Form 3015-1.4 for Postpetition Preconfirmation
Posted: Thu Jul 19, 2012 11:38 am
The new combined Form 3015-1.4 Declaration Setting Forth Postpetition Preconfirmation Payments, effective June 2012 which replaced the two prior separate forms, now includes both payments on mortgages and personal property. Several questions for the Chapter 13 practitioners in the group:
1) On the old mortgage form, Footnote 5 read " 'Due Date' refers to the last day the Payment can be paid without a late charge penalty", but on the new form, Footnote 2 reads " 'Due Date' refers to the 1st day the Payment is due." So where we used to list July 15, 2012 for the typical 15-day grace period mortgage, we are now listing July 1, 2012, correct? Note that Local Rule 3015.1(m)(4) has not been changed and still uses the old definition of "due date" for this.
2) It was my understanding that none of the Chapter 13 Trustees or judges were requiring debtors to file the old form listing payments on personal property loans (automobiles, etc.), yet the inclusion of those loans on the new form, and the language in Section 2 that "On the next page I have listed all the payments I have made to secured creditors and lessors since the filing of my chapter 13 petition", suggests that we have to start including those payments as well. Are you all now listing car payments and leases?
3) The new form no longer requires proof of the payments to be attached as did the old form, however Local Rule 3015.1(m)(6) as shown on the Court's website has not been amended and still states "Copies of all money orders, cashier's checks or other instruments used to make the payments must be attached to the form" (referencing the old form).
Is this a case where the Local Forms have been revised ahead of the Local Rules?
Jim
James R. Selth
Certified Bankruptcy Specialist*
Weintraub & Selth, APC
11766 Wilshire Boulevard, Suite 1170
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
*Certified by State Bar of California as Certified Legal Specialist in Bankruptcy Law
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