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.”

No Author Biography has been linked to this Article.

Related Articles

May 2, 2021
By Cathy Moran, Esq., (Redwood City, CA) I don't know just what makes Parker such a treat for me, but it delivers multiple thrills to my bankruptcy lawyer heart. It's a stay violation case with a BIG sanctions award. It's a clearly, simply written opinion that lays out the circuit law on multiple issues. It hits hard at HOA hubris....
Members
April 5, 2020
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) During the free Academy webinar The CARES Act – Impacts on Chapter 13 on April 2, 2020, the panel – Judge Wm. Houston Brown (Retired), Amanda DeBerry and I – referred to the importance of detailing the reasons for modifications or suspensions to be related to financial hardship stemming...
Members
August 8, 2021
by William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education, Inc. The Senate Judiciary Committee held a hearing on August 3, 2021, on student loans, and during the Committee hearing, Senator Durbin, Chair of the Committee, stated that he would be introducing an Act to amend student loan discharge provisions in the Bankruptcy Code. That Act was subsequently introduced by...
Members
February 28, 2021
By Joseph A. Bledsoe, III (“Jody”), Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern) In the aftermath of City of Chicago v. Fulton, discussions abound as to whether it is sufficient for a chapter 13 debtor to seek return of his vehicle, repossessed prepetition, via a motion for turnover. Most seem to believe a motion...
Members
October 27, 2019
By Alexander Schmidt1, Law Clerk, and The Honorable John P. Gustafson, United States Bankruptcy Court for the Northern District of Ohio (Toledo) You have never heard – or seen – the Monster Mash. What have you heard, is a song ABOUT the Monster Mash. Let that sink in for a minute. Inevitably, that leads to the obvious question: What facts...
Members
July 25, 2021
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Are private educational student loans automatically excepted from discharge by § 523(a)(8). (Jacobs) Homaidan v. Sallie Mae, Inc., Navient Solutions, LLC, 2021 WL 2964217 (2nd Cir. July 15, 2021) Case Summary Hilal Homaidan received a number of educational loans to attend College. Shortly after graduation, he filed a Chapter...
Members
March 10, 2019
Victims of March 3rd tornadoes and severe storms in Alabama have until July 31, 2019, to file certain individual and business tax returns and make certain tax payments. The IRS is offering this relief to any Major Disaster Declaration area designated by the Federal Emergency Management Agency (FEMA) as qualifying for individual assistance. Currently, this only includes Lee County, Alabama,...
January 13, 2019
By Kathryne M. Shaw,1 Boleman Law Firm, P.C. (Virginia Beach, VA) Click here for Part 2 The bankruptcy system requires good faith on the part of a debtor in exchange for the promise of a fresh start, and responsible members of the bankruptcy bar constantly work to ensure that no one “games” this powerful system. So, how does a debtor...
Members
August 15, 2021
By Nancy B. Rapoport, Garman Turner Gordon Professor of Law, Boyd School of Law, and Affiliate Professor of Business Law & Ethics, Lee Business School, William S. Boyd School of Law, University of Nevada, Las Vegas Dear Readers: My guardian angel, Regina Logsdon has asked a great question:what should you do when your “Spidey sense” tells you that your client...
Members
moran_cathy
March 27, 2022
I’ve been having nightmares about the 9th Circuit’s decision in Siegel for 20 years. Broad strokes, Siegel (143 F.3d 525 (9th Cir. 1998) holds that a filed claim in a no asset bankruptcy case to which no one objects is entitled to preclusive effect in subsequent litigation by . . . It looks like you are not signed in or...
Members