In re Merino, No. 9:09-bk-22282-FMD, 2012 WL 2891112, at *1 (Bankr. M.D. Fla. July 16, 2012) (Delano)

Bankruptcy Rule 3002.1 does not apply to direct payments by debtor to mortgage holder; filing of notice contemplated by Bankruptcy Rule 3002.1 did not require response when direct payment rendered the rule inapplicable. “[T]he legislative history of 3002.1 reveals that the rule was adopted to ‘aid in the implementation of § 1322(b)(5), which permits a chapter 13 debtor to cure a default and maintain payments of a home mortgage over the course of the debtor’s plan.’ An inference may be drawn that Rule 3002.1 does not apply to claims being paid outside the plan.”

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