(b) Notice of Payment Changes. The holder of the claim shall file and serve on the debtor, debtor’s counsel, and the trustee a notice of any change in the payment amount, including any change that results from an interest rate or escrow account adjustment, no later than 21 days before a payment in the new amount is due.
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In order to be able to fulfill the obligations of 1322(b)(5), a debtor and the trustee have to be informed of the exact amount needed to cure any prepetition arrearage, see Rule 3001(c)(2), and the amount of the postpetition payment obligations. If the latter amount changes over time, due to the adjustment of the interest rate, escrow.
The Mortgage Call Report must be submitted within 45 days of the end of the calendar quarter, not a company’s fiscal quarter. The activity information must reflect the data from the calendar quarter.
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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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In this webinar Debra L. Miller, Esq., Chapter 13 Trustee, Northern District of Indiana and Frederic Lawrence, Esq., Nelson & Frankenberger focus on Amendments to the Federal Rules of Bankruptcy Procedure, specifically Rule 3001 as to Proof of Claims and Rule 3002.1 related to noticing issues concerning mortgages.
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