Response to Notice of Final Cure Payment

Rev. 5/09/2024

Fed. R. Bankr. P. 3002.1(g)

Within 21 days after service of the notice of final cure payment, the mortgage holder (the "Creditor") must file and serve on the debtor, debtor’s counsel, and the trustee a statement ("Response") 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 11 U.S.C. § 1322(b)(5).

The Response must itemize the required cure or postpetition amounts, if any, that the Creditor claims remain unpaid as of the date of the statement.

The Creditor must file the Response as a supplement to the proof of claim and is not subject to Rule 3001(f). The response should conform with Director's Bankruptcy Form 4100R.

Within 21 days after the Creditor files a Response, the debtor or trustee may file a motion asking the court to determine whether the debtor has cured the default. See Motion to Determine Final Cure and Payment.

The below event is specifically designated to file a response when the creditor has a corresponding claim on file with the court. See Response to Notice of Final Cure Payment (No Proof of Claim Filed) to file a response when no corresponding claim has been filed with the court.

Proof of Claim Filed

Requirements:

Response (Director's Form 4100R)

Certificate of Service*

Docket Event:

[Bankruptcy > Claim Actions > Response to Notice of Final Cure Payment Rule 3002.1]

[Bankruptcy > Other > Response to Notice of Final Cure Payment Rule 3002.1]

*When the party files the response without a certificate of service, the filer must file the certificate as a separate document. See Certificate of Service (Use Only for Rule 3002.1 Events).

No Proof of Claim Filed

See Response to Notice of Final Cure Payment Rule 3002.1 (No Proof of Claim Filed)


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U.S. Bankruptcy Court    Southern District of Mississippi