In re Carr, No. 06-11472-RGM, 2012 WL 930337, at *1–*3 (Bankr. E.D. Va. Mar. 19, 2012) (Mayer)

Creditor not entitled to additional attorney fee of $150 for preparation of response to Chapter 13 trustee’s Notice of Final Cure Payment. “[T]he chapter 13 trustee filed his Notice of Final Cure Payment. The creditor’s response to the chapter 13 trustee’s notice showed that the debtor had cured the default on the creditor’s mortgage and was current with respect to all post-petition mortgage payments. In fact, the creditor filed two responses. One was on the prescribed form, Form B 10 (Supplement 2), ‘Notice of Postpetition Mortgage Fees, Expenses and Charges,’ and filed in the claims register as a supplement to the proof of claim. The second was filed as a pleading in the court’s docket and titled ‘Response to Notice of Final Cure Payment’. . . . The . . . process starts with the chapter 13 trustee filing a Notice of Final Cure Payments. Rule 3002.1(f). The creditor must respond to that notice by acknowledging that it is correct, or if it is not correct, stating with particularity the amounts that remain unpaid. Rule 3002.1(g). If the debtor or the trustee contests the creditor’s claim for unpaid amounts, the debtor or the trustee must file a motion to determine whether the debtor has cured the default and paid all required payments and fees. Rule 3002.1(h). . . . The purpose of Rule 3002.1 was to provide a prompt, efficient, and cost-effective means to determine whether there is a question as to the status of a debtor’s home loan at the conclusion of the chapter 13 case. This was done by requiring the trustee to file an initial statement and the creditor to file a response. This response is not a pleading. It is a supplement to the creditor’s proof of claim and is filed in the claims registry not on the court’s docket. It is simply a statement by the creditor as to the status of the loan at the conclusion of the chapter 13 plan. This can be derived simply and quickly from the creditor’s records and poses no significant burden on the creditor. This is a business function that can be done by a claims administrator in the creditor’s own office. It is akin to issuing a receipt for payments received under the chapter 13 plan . . . . Its preparation is not the practice of law. . . . An attorney need not sign it. No additional pleading is required and none should be filed . . . . No additional fee is permitted to satisfy the creditor’s response requirement under Rule 3002.1(g). . . . The only thing necessary is for the creditor to respond to the trustee’s Notice of Final Cure, that is, complete Official Form 10 (Supplement 2), . . . and file it as a supplement to its proof of claim. . . . No fee will be permitted for preparing this statement whether the creditor is in agreement or disagreement with the trustee’s notice; whether all post-petition payments have been made or there is a post-petition default; or whether there are unpaid post-petition fees.”

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