IMPLEMENTATION OF CHANGES TO BANKRUPTCY RULES 3001(c) and 3002.1 WEBINAR till 12/9/11

Regarding Local Bankruptcy Administrative Order No. 11-08 Rules 2015-5(a) and 3001-2 / ADMINISTRATIVE ORDER REGARDING INTERIM AMENDMENTS TO local bankruptcy rules 2015-1(a) AND 3001-2 On December 1, 2011, new Federal Rule of Bankruptcy Procedure 3002.1 becomes effective. There are provisions contained in two Local Bankruptcy Rules for the Eastern

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.

United States Bankruptcy Court Eastern District of Missouri Dana C. McWay Clerk of Court LOCAL RULES OF BANKRUPTCY PROCEDURE December 1, 2011 Adopted by: Honorable Barry S. Schermer, Chief Judge Honorable Kathy A. Surratt-States Honorable Charles E. Rendlen, III. United States Bankruptcy Court Eastern District of Missouri TABLE OF CONTENTS

Amendments to Federal Rules of bankruptcy procedure 1004.2, 2003, 2019, 3001, 4004 and 6003, New Federal Rule of Bankruptcy Procedure 3002.1 and Changes to Official Bankruptcy Forms 1, 9A – 9I, 10 and 25A Effective December 1, 2011 Federal Rules of Bankruptcy Procedure Bankruptcy rule 1004.2 (republication of a new rule requiring entity.

any attachments required by Rule 3001(c)(1) and (d) – such as the note (with any endorsement or allonge), mortgage or deed of trust, and relevant assignments or supporting documents – are filed as a supplement to the holder’s claim not later than 120 days after the bankruptcy filing date.

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See generally 11 U.S.C. § 1322(b)(5) (limiting the cure to any unsecured claim or secured claim on which the last payment is due after the date on which the final payment under the plan is due). Rule 3002.1 was added to the Federal Rules of Bankruptcy Procedure in 2011 to aid in the implementation of § 1322(b)(5) and applies regardless of

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.

(c) An insured depository institution that is a public company and a listed issuer (as defined in Rule 10A–3 of the Securities Exchange Act of 1934 (Exchange Act)), or is a subsidiary of a public company that meets the criterion specified in § 363.1(b)(1) and is a listed issuer, may choose to use the definition of audit committee member.

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