Effective December 1, 2017, certain amendments to the Federal Rules of Bankruptcy Procedure ("the Bankruptcy Rules") recently adopted by the Supreme Court will impact the allowance of secured claims in bankruptcy. Below, we focus on the amendments to Bankruptcy Rule 3002, which will serve to:

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One is Rule 3002.1 which is listed further below. The language above that bankruptcy attorneys will see more often, is more a request for a comfort order. After relief is granted, the secured creditor is not obligated to comply with Rule 3002.1, the property is no longer property of the estate and there is no secured claim anymore.

Chapter 13 Means Test & Bankruptcy Eligibility For Chapter 13 bankruptcy there is not a means test to test your income like there is in a Chapter 7 bankruptcy. Instead, your income must be high enough, rather than too low, in order for you to be able to fund the required repayment plan .

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(a) In General. This rule applies in a chapter 13 case to claims (1) that are secured by a security interest in the debtor’s principal residence, and (2) for which the plan provides that either the trustee or the debtor will make contractual installment payments.

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Rule 3002.1(i) contains a sanctions provision that is identical to the new provision of Rule 3001(c)(2)(D). Revisions to Official Claim Form – Form 10 In addition to the amendments and additions to the proof of claim rules, the official claim form 10 has been modified.

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IMPLEMENTATION OF CHANGES TO BANKRUPTCY RULES 3001(c) and 3002.1 WEBINAR till 12/9/11 The local bankruptcy rules and Local Bankruptcy Forms are adopted to govern the practice and procedure before the united states bankruptcy court for the Middle District of Pennsylvania. (b) Short Title.

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