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Creditor lender asserted claim for postpetition fees in assessment notice and was required to comply with Rule 3002.1. Court : Western District of North Carolina ( Whitley ) [ Bankruptcy Court ] ABI Membership is required to access the full summary of In re Owens .
The treatment of Homeowner’s Association Fees in bankruptcy is a complex question. Are they dischargeable in chapter 7 and chapter 13? Does Rule 3002.1 apply? Can underwater HOA liens be avoided? This webinar will answer these questions and more as we explore the treatment of HOA fees in bankruptcy.
Changes to the Proof of Claim Form as of December 1, 2011 Effective December 1, 2011, the Federal Rules of Bankruptcy Procedure (FRBP) that govern filing a proof of claim will change dramatically. FRBP 3001 will be amended to increase the types of information required to be attached to a proof of claim.
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submission of information required by new paragraph (2) of Rule 3001(c). Attachment A, if applicable, should be filed with Official Form 10. Actor Action Timeframe Official Form and/or ECF Event Action Results in Docket Entry or Addition to Claims Register Subdivision of Rule 3002.1 Claim holder Notice of change in payment amount
(C) If a security interest is claimed in property that is the debtor’s principal residence, the attachment prescribed by the appropriate Official Form shall be filed with the proof of claim. If an escrow account has been established in connection with the claim, an escrow account statement prepared as of the date the petition was filed and in a form consistent with applicable nonbankruptcy.
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