3002.1 Notices, New York

Are 3002.1 Notices required to be filed post-relief from stay? There is no local rule in any district of NY that changes the wording of Bankruptcy Rule 3002.1 which indicates “Unless the court orders otherwise, the notice requirements of this rule cease to apply when an order terminating or annulling the automatic stay becomes effective with respect to the residence that secures the claim.   Each individual Order should be reviewed for any language that continues the noticing requirements under this rule.”

Post-petition Fee Notice

Are there any local rules / judge requirements that require additional PPFN attachments / information / documents? No district in NY has local rules / judge requirements that require additional PPFN attachments / information / documents beyond what is required by the Bankruptcy Rules.

The date fees, costs, and expenses were “incurred” against the account, for purposes of calculating the 180-day timeframe determined: No district in NY has a specific local rule or judge requirements as to the date fees, costs and expenses were incurred but based upon the wording of Bankruptcy Rule 3002.1(c) we use the incurred date “The holder of the claim 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. “  See Bankruptcy Rule 3002.1. If the fees / costs are a result of a Court Order, incurred date can / should be the date the Court ordered / allowed same.

If fees / costs are recovered through MFR order must they also be included on subsequent 3002.1 PPFN notices? Yes in all districts and per the official form 410S2 “If the court has previously approved an amount, indicate that approval in parentheses after the date the amount was incurred.”  Again, if the fees / costs are a result of a Court Order, incurred date can / should be the date the Court ordered / allowed same.

Notice of Payment Change

Are there any local rules / judge requirements that require additional NOPC attachments / information / documents? No district in NY has local rules / judge requirements that require additional NOPC attachments / information / documents beyond what is required by the Bankruptcy Rules.

Can a motion to excuse compliance with Rule 3002.1 (b) on loans that have an interest rate that changes monthly be filed? All districts in NY will entertain motions to excuse compliance with Rule 3002.1 (b) on loans that have an interest rate that changes on a monthly basis.

Will the trustee pay the amounts disclosed on a notice pursuant to FRBP Rule 3002.1(c)? The Chapter 13 Trustee’s will not pay the amounts disclosed on a notice pursuant to FRBP 3002.1(c) with the exception of the Trustee in the Rochester Division of WDNY who will pay fees in a PPFN filed pre-confirmation. Otherwise, if a Debtor wants the PPFN paid, the plan must be amended and generally the Trustee will pay same only after unsecured creditors have been paid the proposed dividend.

Response to Notice of Final Cure

Are there any local rules / judge requirements that require additional Response to Notice of Final Cure attachments / information / documents? No district in NY has local rules / judge requirements that require additional Response to Notice of Final Cure attachments / information / documents beyond what is required by the Bankruptcy Rules.

Trustees will file the Notice of Final Cure when the following occurs: Trustees in all Districts in NY file the Notice of Final Cure when the debtor completes all payments due under the plan.