The Contours of Bankruptcy Rule 3002.1 One Year Later

By Isabel Balboa, Chapter 13 Standing Trustee, State of New Jersey, Camden Vicinage

Federal Bankruptcy Rule 3002.1 became effective on December 1, 2011.  Prior to its enactment, charges, fees and costs could accrue during the course of the bankruptcy but remain hidden until debtors received a discharge.1 At that juncture, debtors often resorted to re-filing for bankruptcy protection to address these charges.

Rule 3002.1 provides disclosure and transparency to prevent “surprising” debtors at the conclusion of a Chapter 13 case, while affording expedited review of post-petition mortgage disputes.  It . . .

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