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This document pertains to a bankruptcy court proceeding, specifically regarding the final cure payment for a mortgage during a Chapter 13 bankruptcy case.
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How to fill out notice and motion for
How to fill out Notice and Motion for Determination of Final Cure Amount and Payment
01
Gather required documentation, including proof of payments and a copy of the bankruptcy plan.
02
Fill out the Notice and Motion form with your name, case number, and relevant information.
03
Specify the amount you believe to be the final cure amount in the appropriate section.
04
Attach any supporting documents, such as payment history and communication with creditors.
05
Review the completed form for accuracy and completeness.
06
File the Notice and Motion with the bankruptcy court, ensuring to follow any specific local court rules.
07
Serve the Notice and Motion to all interested parties, including creditors and the trustee.
08
Attend the court hearing, if required, to present your motion.
Who needs Notice and Motion for Determination of Final Cure Amount and Payment?
01
Individuals in a bankruptcy case seeking to determine the final cure amount for mortgage arrears.
02
Debtors who have successfully made all plan payments and need to confirm completion of mortgage payment obligations.
03
Creditors who want clarity on the final cure amount due from the debtor.
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People Also Ask about
Why would my mortgage payment change?
Mortgage payments change based on what kind of home loan you have, or if your taxes and insurance premiums have changed. Your escrow account is used to pay for insurance and taxes.
What is the meaning of notice of payment?
A Payment Notice is a formal document issued by a paying party (usually the contractor, employer, or client) to notify the receiving party (typically a subcontractor or supplier) with details of the amount due for the work completed during a specific valuation period and how it has been calculated.
What does notice of cure mean?
a final letter or other communication sent to somebody by a creditor warning that if an obligation is not met by a specific date (usually if payment is not made) legal action will be taken.
What is a payment change notice?
A Notice of Payment Change allows a mortgage holder to advise the court that there has been a change in the debtor's mortgage payment. The Notice of Payment Change must be filed at least 21 days before the new payment amount is due.
What is the notice of payment change rule?
A Notice of Payment Change allows a mortgage holder to advise the court that there has been a change in the debtor's mortgage payment. The Notice of Payment Change must be filed at least 21 days before the new payment amount is due.
What does final cure mean?
Within 30 days after the debtor completes all plan payments, the trustee must file and serve on the holder of the claim (the "Creditor"), the debtor, and the debtor's counsel a notice stating that the debtor has paid the total amount required to cure any default on the claim (the "Notice of Final Cure").
What is the response to the notice of final cure?
The mortgage holder is required to file a Response to Notice of Final Cure Payment within 21 days of service of the Notice, even if they do not dispute the Notice.
What does it mean to cure a payment?
Cure Payments means the amount required to be paid with respect to each Transferred Contract and Assumed Lease to cure all defaults under such Contract to the extent required by Section 365 of the Bankruptcy Code and to otherwise satisfy all requirements imposed by Section 365 of the Bankruptcy Code in order to
What is a response to notice of final cure payment?
Bankruptcy Rule 3002.1(g) provides that once the trustee files a Notice of Final Cure of mortgage payments, a mortgage lender must file a response within 21 days indicating whether it agrees that the arrears have been fully cured and whether payments are current.
What does notice of final cure payment mean?
The Notice shall state that the debtor has paid in full the amount required to cure any default on a claim secured by the debtor's principal residence. The Notice shall also inform the holder of the claim of its obligation to file and serve a response to the Notice.
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What is Notice and Motion for Determination of Final Cure Amount and Payment?
The Notice and Motion for Determination of Final Cure Amount and Payment is a legal document filed in bankruptcy cases to request the court's determination on the total amount due for the debtor to cure their default on a mortgage or other secured debt after completing a Chapter 13 repayment plan.
Who is required to file Notice and Motion for Determination of Final Cure Amount and Payment?
Typically, the debtor or the debtor’s attorney is required to file the Notice and Motion for Determination of Final Cure Amount and Payment after the completion of the Chapter 13 plan, in order to finalize any remaining obligations related to the mortgage or secured debt.
How to fill out Notice and Motion for Determination of Final Cure Amount and Payment?
To fill out the Notice and Motion for Determination of Final Cure Amount and Payment, the filer must include personal information such as the case number, details about the creditor, the amount due for cure, and supporting documentation that outlines payments made during the Chapter 13 plan.
What is the purpose of Notice and Motion for Determination of Final Cure Amount and Payment?
The purpose of the Notice and Motion for Determination of Final Cure Amount and Payment is to formally notify the court and the creditor that the debtor believes they have fulfilled the requirements of their payment plan and to seek the court’s approval confirming that the final payments related to the default have been made.
What information must be reported on Notice and Motion for Determination of Final Cure Amount and Payment?
The information that must be reported on the Notice and Motion for Determination of Final Cure Amount and Payment includes the name of the debtor, case number, details of the creditor, total amount claimed to be due for cure, description of how payments were made, and a statement regarding the completion of the Chapter 13 plan.
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