Rule 3002.1.
Chapter 13—Claim Secured by a Security Interest in the Debtor’s Principal Residence
(a)
In General.
This rule applies in a Chapter 13 case to a claim that is secured by a security interest in the debtor’s principal residence and for which the plan provides for the trustee or debtor to make payment on the debt. Unless the court orders otherwise, the requirements of this rule cease when an order terminating or annulling the automatic stay related to that residence becomes effective.
(b)
Notice of a Payment Change; Home-Equity Line of Credit; Effect of an Untimely Notice; Objection.
(1)
Notice by the Claim Holder—In General. The claim holder must file a notice of any change in the payment amount, including one resulting from an interest-rate or escrow-account adjustment. The notice must be served on:
• the debtor;
• the debtor’s attorney; and
• the trustee.
Except as provided in (b)(2), it must be filed and served at least 21 days before the new payment is due.
Except as provided in (b)(2), it must be filed and served at least 21 days before the new payment is due.
(2)
Notice of a Change in a Home-Equity Line of Credit.
(A)
Deadline for the Initial Filing; Later Annual Filing. If the claim arises from a home-equity line of credit, the notice of a payment change must be filed and served either as provided in (b)(1) or within one year after the bankruptcy-petition filing, and then at least annually.
(B)
Content of the Annual Notice. The annual notice must:
(i)
state the payment amount due for the month when the notice is filed; and
(ii)
include a reconciliation amount to account for any overpayment or underpayment during the prior year.
(C)
Amount of the Next Payment. The first payment due at least 21 days after the annual notice is filed and served must be increased or decreased by the reconciliation amount.
(D)
Effective Date. The new payment amount stated in the annual notice (disregarding the reconciliation amount) is effective on the first payment due date after the payment under (C) has been made and remains effective until a new notice becomes effective.
(E)
Payment Changes Greater Than $10. If the claim holder chooses to give annual notices under (b)(2) and the monthly payment increases or decreases by more than $10 in any month, the holder must file and serve (in addition to the annual notice) a notice under (b)(1) for that month.
(3)
Effect of an Untimely Notice. If the claim holder does not timely file and serve the notice required by (b)(1) or (b)(2), the effective date of the new payment amount is as follows:
(A)
when the notice concerns a payment increase, on the first payment due date that is at least 21 days after the untimely notice was filed and served; or
(B)
when the notice concerns a payment decrease, on the actual payment due date, even if it is prior to the notice.
(4)
Party in Interest’s Objection. A party in interest who objects to a payment change noticed under (b)(1) or (b)(2) may file and serve a motion to determine the change’s validity. Unless the court orders otherwise, if no motion is filed before the day the new payment is due, the change goes into effect on that date.
(c)
Fees, Expenses, and Charges Incurred After the Case Was Filed; Notice by the Claim Holder.
The claim holder must file a notice itemizing all fees, expenses, and charges incurred after the case was filed that the holder asserts are recoverable against the debtor or the debtor’s principal residence. Within 180 days after the fees, expenses, or charges are incurred, the notice must be filed and served on the individuals listed in (b)(1).
(d)
Filing Notice as a Supplement to a Proof of Claim.
A notice under (b) or (c) must be filed as a supplement to a proof of claim using Form 410S-1 or 410S-2, respectively. The notice is not subject to Rule 3001(f).
(e)
Determining Fees, Expenses, or Charges.
On a party in interest’s motion, the court must, after notice and a hearing, determine whether paying any claimed fee, expense, or charge is required by the underlying agreement and applicable nonbankruptcy law. The motion must be filed within one year after the notice under (c) was served, unless a party in interest requests and the court orders a shorter period.
(f)
Motion to Determine Status; Response; Court Determination.
(1)
Timing; Content and Service. At any time after the date of the order for relief under Chapter 13 and until the trustee files the notice under (g)(1), the trustee or debtor may file a motion to determine the status of any claim described in (a). The motion must be prepared using Form 410C13-M1 and be served on:
• the debtor and the debtor’s attorney, if the trustee is the movant;
• the trustee, if the debtor is the movant; and
• the claim holder.
(2)
Response; Content and Service. If the claim holder disagrees with facts set forth in the motion, it must file a response within 28 days after the motion is served. The response must be prepared using Form 410C13-M1R and be served on the individuals listed in (b)(1).
(3)
Court Determination. If the claim holder’s response asserts a disagreement with facts set forth in the motion, the court must, after notice and a hearing, determine the status of the claim and enter an appropriate order. If the claim holder does not respond to the motion or files a response agreeing with the facts set forth in it, the court may grant the motion based on those facts and enter an appropriate order.
(g)
Trustee’s End-of-Case Notice of Disbursements Made; Response; Court Determination.
(1)
Timing and Content. Within 45 days after the debtor completes all payments due to the trustee under a Chapter 13 plan, the trustee must file a notice:
(A)
stating what amount the trustee disbursed to the claim holder to cure any default and whether it has been cured;
(B)
stating what amount the trustee disbursed to the claim holder for payments that came due during the pendency of the case and whether such payments are current as of the date of the notice; and
(C)
informing the claim holder of its obligation to respond under (g)(3).
(2)
Service. The notice must be prepared using Form 410C13-N and be served on:
• the claim holder;
• the debtor; and
• the debtor’s attorney.
(3)
Response. The claim holder must file a response to the notice within 28 days after its service. The response, which is not subject to Rule 3001(f), must be filed as a supplement to the claim holder’s proof of claim. The response must be prepared using Form 410C13-NR and be served on the individuals listed in (b)(1).
(4)
Court Determination of a Final Cure and Payment.
(A)
Motion. Within 45 days after service of the response under (g)(3) or after service of the trustee’s notice under (g)(1) if no response is filed by the claim holder, the debtor or trustee may file a motion to determine whether the debtor has cured all defaults and paid all required postpetition amounts on a claim described in (a). The motion must be prepared using Form 410C13-M2 and be served on the entities listed in (f)(1).
(B)
Response. If the claim holder disagrees with the facts set forth in the motion, it must file a response within 28 days after the motion is served. The response must be prepared using Form 410C13-M2R and be served on the individuals listed in (b)(1).
(C)
Court Determination. After notice and a hearing, the court must determine whether the debtor has cured all defaults and paid all required postpetition amounts. If the claim holder does not respond to the motion or files a response agreeing with the facts set forth in it, the court may enter an appropriate order based on those facts.
(h)
Claim Holder’s Failure to Give Notice or Respond.
If the claim holder fails to provide any information as required by this rule, the court may, after notice and a hearing, do one or more of the following:
(1)
preclude the holder from presenting the omitted information in any form as evidence in a contested matter or adversary proceeding in the case—unless the court determines that the failure was substantially justified or is harmless;
(2)
award other appropriate relief, including reasonable expenses and attorney’s fees caused by the failure; and
(3)
take any other action authorized by this rule.
(Added Apr. 26, 2011, eff. Dec. 1, 2011; amended Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 26, 2018, eff. Dec. 1, 2018; Apr. 2, 2024, eff. Dec. 1, 2024; Apr. 23, 2025, eff. Dec. 1, 2025.)