Courts are Expanding the Protections of Bankruptcy Rule 3002.1

As a prerequisite to a claim’s payment, Rule 3002.1 requires certain secured creditors to provide to the trustee and the debtor notice of the full value of the secured creditor’s claim, including any “fees, expenses, and charges” related to the claim. Two bankruptcy courts have demonstrated a willingness to expand the reach of Rule 3002.1’s noticing requirements. These courts generally require creditors holding claims secured by any interest in the debtor’s real property to comply with Rule 3002.1’s noticing requirements despite not falling within the reach of Rule 3002.1’s . . .

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langehennig
Chapter 13 Standing Trustee for the Western District of Texas (Austin)

Debbie Langehennig served as a judicial law clerk to Chief U.S. Bankruptcy Judge Larry E. Kelly and currently serves as Chapter 13 Trustee for the Western District of Texas. Debbie is a Fellow of the American College of Bankruptcy, Coach for the University of Texas Law School Bankruptcy Moot Court Team, President of the Hon. Larry E. Kelly Bankruptcy Inn of Court and ABI Special Projects Director for the Consumer Bankruptcy Committee. She served as Chair of the Bankruptcy Law Section of the State Bar of Texas, Contributing Editor to the American Bankruptcy Institute Journal, Co-Chair of the ABA Consumer Bankruptcy Litigation Committee, on the Board of Directors for the National Association of Chapter 13 Trustees, and President of both the Western District of Texas and Austin Bankruptcy Bar Associations. She is the recipient of the State Bar of Texas Distinguished Service Award, the Fifth Circuit Bench Bar Serviam Award, the Outstanding Woman Attorney Award from the State Bar of Texas Bankruptcy Law Section and the Outstanding Service Award, Western District of Texas Bankruptcy Bar. She received the Pro Bono Service Award for founding the Law School Bankruptcy Pro Bono Project.

Debbie received her law degree from the University of Texas and holds a BBA in Accounting. She has written and lectured on numerous consumer and business bankruptcy topics, with articles published in the ABI Journal, the ABA Bankruptcy Litigation Journal, Norton Advisor, Norton Journal of Bankruptcy Law and Practice, NACTT Quarterly, and the Texas Bar Journal.

ckelly2
Associate in Quinn Emanuel’s Houston office

Cameron M. Kelly is a 2020 graduate of the University of Texas School of Law. He clerked for the Honorable Marvin Isgur from 2020 to 2022 and is now an Associate in Quinn Emanuel’s Houston office.

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