The Federal Rules of Bankruptcy Procedure (FRBP) revisions became effective December 1, 2011. These new rules greatly affect the way that creditors in Chapter 13 bankruptcy cases must present "proofs of claim."
1. FRBP 3001 has been amended to increase the types of information required to be attached to a
proof of claim. While Rule 3001 has always required a creditor produce a
writing to support its claim, now a creditor must also attach information
relative to the principal, interest, fees, and any other expenses incurred
pre-petition - including arrearages.
- now requires an itemized statement.
- requires a statement of the amount needed to cure any arrearages or
- applies if a security interest is claimed in the debtor's principal
- if the creditor fails to provide the information and documents
requested, Rule 3001(c)(2)(D) now provides for sanctions against the
is a brand new rule that applies to proofs of claims filed in Chapter 13 cases
only and to claims secured by the debtor's principal residence. Rule 3002.1
also deals with the finality of Chapter 13 cases and curing any discrepancies
in final cure payments. Most significant in the amendments are the new
provisions that may award sanctions for non-compliance with the new rules.
- 3002.1(B) -
a creditor secured by the debtor's principal residence is required to
"file and serve on the debtor, debtor's counsel, and the trustee a
notice of any change in the payment amount."
- 3002.1(C) AND (D) - requires the creditor file and serve on the debtor,
debtor's counsel, and the trustee a notice "itemizing all fees,
expenses, or other charges." Part D requires that this notice be prepared
on the official form known as B10S2 "Supplement 2" and is
entitled "Notice of Postpetition Mortgage Fees, Expenses, and
- 3002.1(F) AND (G) - relates to the duties of the Trustee at the end of
the debtor's Chapter 13 case. Rule 3002.1(f) requires the trustee serve on
the creditor, the debtor, and the debtor's counsel a notice stating
"that the debtor has paid in full the amount required to cure any
default on the claim."
- 3002.1(I) -
contains a sanctions provision for noncompliance.
Official Proof of
Claim Form - Form 10 - In addition to the amendments and
additions to the proof of claim rules, the official claim form 10 has been
The changes are for individual debtor cases only. Moreover, in regard to Rule
3001(c)(2)(C) if the security interest is in the debtor's principal residence,
the new official form must be filed with the proof of claim, along with an
escrow account statement if applicable.
The new Rule 3002.1 applies to Chapter 13 cases only with claims that are
(1) secured by a security interest in the debtor's principal residence; and (2)
provided for under Section 1322(b)(5) of the Code and the debtor's plan.
notable of the new rules is that they now provide for sanctions for
Finally, the new proof of claim form is to be used in all cases filed under
the Bankruptcy Code.