(a) In General. This rule applies in a chapter 13 case to claims that are (1) secured by a security interest in the debtor’s principal residence, and (2) provided for under § 1322(b)(5) of the Code in the debtor’s plan.
(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.
(c) Notice of Fees, Expenses, and Charges. The holder of the claim shall file and serve on the debtor, debtor’s counsel, and the trustee a notice itemizing all fees, expenses, or charges (1) that were incurred in connection with the claim after the bankruptcy case was filed, and (2) that the holder asserts are recoverable against the debtor or against the debtor’s principal residence. The notice shall be served within 180 days after the date on which the fees, expenses, or charges are incurred.
(d) Form and Content. A notice filed and served under subdivision (b) or (c) of this rule shall be prepared as prescribed by the appropriate Official Form, and filed as a supplement to the holder’s proof of claim. The notice is not subject to Rule 3001(f).
(e) Determination of Fees, Expenses, or Charges. On motion of the debtor or trustee filed within one year after service of a notice under subdivision (c) of this rule, the court shall, after notice and hearing, determine whether payment of any claimed fee, expense, or charge is required by the underlying agreement and applicable nonbankruptcy law to cure a default or maintain payments in accordance with § 1322(b)(5) of the Code.
(f) Notice of Final Cure Payment. Within 30 days after the debtor completes all payments under the plan, the trustee shall file and serve on the holder of the claim, the debtor, and debtor’s counsel a notice stating that the debtor has paid in full the amount required to cure any default on the claim. The notice shall also inform the holder of its obligation to file and serve a response under subdivision (g). If the debtor contends that final cure payment has been made and all plan payments have been completed, and the trustee does not timely file and serve the notice required by this subdivision, the debtor may file and serve the notice.
(g) Response to Notice of Final Cure Payment. Within 21 days after service of the notice under subdivision (f) of this rule, the holder shall file and serve on the debtor, debtor’s counsel, and the trustee a statement indicating (1) whether it agrees that the debtor has paid in full the amount required to cure the default on the claim, and (2) whether the debtor is otherwise current on all payments consistent with § 1322(b)(5) of the Code. The statement shall itemize the required cure or postpetition amounts, if any, that the holder contends remain unpaid as of the date of the statement. The statement shall be filed as a supplement to the holder’s proof of claim and is not subject to Rule 3001(f).
(h) Determination of Final Cure and Payment. On motion of the debtor or trustee filed within 21 days after service of the statement under subdivision (g) of this rule, the court shall, after notice and hearing, determine whether the debtor has cured the default and paid all required postpetition amounts.
(i) Failure to Notify. If the holder of a claim fails to provide any information as required by subdivision (b), (c), or (g) of this rule, the court may, after notice and hearing, take either or both of the following actions:
(1) preclude the holder from presenting the omitted information, in any form, as evidence in any contested matter or adversary proceeding in the case, unless the court determines that the failure was substantially justified or is harmless; or
(2) award other appropriate relief, including reasonable expenses and attorney’s fees caused by the failure. (Added Apr. 26, 2011, eff. Dec. 1, 2011.)
added in current removed in current
Compared to current version (2025).
(a) In General. This rule applies in a cChapter 13 case to a claims that are (1)is secured by a security interest in the debtor’s principal residence, and (2)for which the plan provideds for under § 1322(b)(5) of the Code in the debtor’s planthe trustee or debtor to make contractual installment payments. Unless the court orders otherwise, the notice 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 Changes. The holder of.
(1) Notice by the cClaim shall file and serve on the debtor, debtor’s counsel, and the trustee a notice of any change in the payment amount, Holder. The claim holder must file a notice of any change in the amount of an installment payment-including any change that resultsing from an interest -rate or escrow -account adjustment, no later than. At least 21 days before athe new payment in the new amount is due.
(c) Notice of Fees, Expenses, and Charges. The holder of the claim shall file and serve on the debtor, debtor’s cous due, the notice must be filed and served on: • the debtor; • the debtor’s attorney; and • the trustee. If the claim arises from a home-equity line of credit, the court may modify this requirement.
(2) Party in Interest’s Objection. A party in interest who objects to the payment change may file a motion to determine whether the change is required to maintain payments under § 1322(b)(5). Unless the court orders otherwise, if no motion is filed by the day before the new payment is due, the change goes into effect.
(c) Fees, Expensels, and the trusteCharges Incurred After the Case Was Filed; Notice by the Claim Holder. The claim holder must file a notice itemizing all fees, expenses, orand charges (1) that were incurred in connection with the claim after the bankruptcyincurred after the case was filed, and (2) that the holder asserts are recoverable against the debtor or against the debtor’s principal residence. The notice shall be served wWithin 180 days after the date on which the fees, expenses, or charges awere incurred.
(d) Form and Content. A notice filed and served under subdivision (b) or (c) of this rule shall be prepared as prescribed by the appropriate Official Form, and, the notice must be served on: • the debtor; • the debtor’s attorney; and • the trustee.
(d) Filing Notice as a Supplement to a Proof of Claim. A notice under (b) or (c) must be filed as a supplement to the holder’s proof of claim using Form 410S-1 or 410S-2, respectively. The notice is not subject to Rule 3001(f).
(e) Determination ofing Fees, Expenses, or Charges. On motion of the debtor or trustee filed within one year after service of a notice under subdivision (c) of this rulea party in interest’s motion filed within one year after the notice in (c) was served, the court shallmust, after notice and a hearing, determine whether payment ofing any claimed fee, expense, or charge is required by the underlying agreement and applicable nonbankruptcy law to cure a default or maintain payments in accordance withunder § 1322(b)(5) of the Code.
(f) Notice of the Final Cure Payment.
(1) Content of a Notice. Within 30 days after the debtor completes all payments under thea Chapter 13 plan, the trustee shallmust file and serve on the holder of the claim, the debtor, and debtor’s counsel a notice:
(A) stating that the debtor has paid in full the amount required to cure any default on the claim. The notice shall also; and
(B) informing the claim holder of its obligation to file and serve a response under subdivision (g). If the debtor contends that final cure payment has been made and all plan payments have been completed,(g).
(2) Serving the Notice. The notice must be served on: • the claim holder; • the debtor; and • the trustee does not timely file and serve the notice required by this subdivision, the debtor may file and serve the noticedebtor’s attorney.
(3) The Debtor’s Right to File. The debtor may file and serve the notice if:
(A) the trustee fails to do so; and
(B) the debtor contends that the final cure payment has been made and all plan payments have been completed.
(g) Response to a Notice of the Final Cure Payment.
(1) Required Statement. Within 21 days after service of the notice under subdivision (f) of this rule, the(f) is served, the claim holder shallmust file and serve on the debtor, debtor’s counsel, and the trustee a statement indicating (1) whether ita statement that:
(A) indicates whether:
(i) the claim holder agrees that the debtor has paid in full the amount required to cure theany default on the claim,; and (2) whether
(ii) the debtor is otherwise current on all payments consistent with § 1322(b)(5) of the Code. The statement shallunder § 1322(b)(5); and
(B) itemizes the required cure or postpetition amounts, if any, that the claim holder contends remain unpaid as of the date of the statstatement’s date.
(2) Persons to be Served. The holder must serve the statement on: • the debtor; • the debtor’s attorney; and • the trustee.
(3) Statement to be a Supplement. The statement shallmust be filed as a supplement to the holder’s proof of claim and is not subject to Rule 3001(f).
(h) Determination ofing the Final Cure and Payment. On motion of the debtor’s or trustee’s motion filed within 21 days after service of the statement under subdivision (g) of this rule(g) is served, the court shallmust, after notice and a hearing, determine whether the debtor has cured the default and paidmade all required postpetition amoupayments.
(i) Failure to Give Notifyce. If the claim holder of a claim fails to provide any information as required by subdivision (b), (c), or (g) of this rule, the court may, after notice and a hearing, take eitherone or both of the followingse actions:
(1) preclude the holder from presenting the omitted information, in any form, as evidence in any contested matter or adversary proceeding in the case, -unless the court determines that the failure was substantially justified or is harmless; orand
(2) award other appropriate relief, including reasonable expenses and attorney’s fees caused by the failure. (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.)