Rev. 05/08/19

NOTICE OF POSTPETITION MORTGAGE FEES, EXPENSES AND CHARGES
RULE 3002.1
 

OVERVIEW:

The holder of a claim shall file and serve on the debtor, debtor’s counsel, and the trustee a notice itemizing all fees, expenses, or charges that were incurred in connection with the claim after the bankruptcy case was filed and 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.  The notice shall be prepared as prescribed by the appropriate Official Form 410S-2 and filed as a supplement to the holder’s proof of claim.

If the claim holder fails to notify or provide any information as required by this rule, the court may, after notice and hearing take either or both of the following actions:

• Preclude the holder from presenting the omitted information, in any form, as evidence in any contested matter of adversary proceeding in the case, unless the court determines that the failure was substantially justified or harmless; or
• Award other appropriate relief, including reasonable expenses and attorney’s fees caused by the failure.

Codes, Rules and Forms:
 

CM/ECF Event(s):

            Claims Actions, Notice of PostPetition Mortgage Fees, Expenses and Charges Rule 3002.1
            Claims Actions, Notice of PostPetition Mortgage Fees, Expenses and Charges Rule 3002.1 (No Proof of Claim Filed)
            Claims Actions, Response to Notice of PostPetition Mortgage Fees, Expenses and Charges Rule 3002.1