You are here

Chambers' Bulletins
11/2017

Judge Duncan

Thu, 11/30/2017 - 2:33 pm

The Judges are continuing to consider revisions to their Operating Orders regarding conduit mortgage procedures with the hopes of adopting uniform language to be used in plans in conduit cases.  Until a revised Operating Order is announced for Judge Duncan, for conduit cases filed on or after December 1, 2017, the following language, also available here, should be included in Section 8.1 of the chapter 13 form plan:

8.1 (a) Mortgage payments to be disbursed by the Trustee (“Conduit”)

Mortgage payments, including pre-petition arrears, will be paid and cured by the Trustee as follows: 

Name of Creditor

Description of Collateral

(note if principal residence; include county tax map number and complete street address)

Current installment payment (ongoing payment amount) *

Monthly payment to cure GAP ** (post-petition mortgage payments for the  two (2) months immediately following the event beginning conduit)

Estimated amount of PRE-PETITION ARREARAGE** (including the month of filing or  conversion)*

Monthly payment on pre-petition arrearage

 

 

$
Escrow for
taxes:
☐ Yes
☐ No

Escrow for
insurance:
☐ Yes
☐ No

$
Or more

$
 

$
Or more

 

 

$
Escrow for
taxes:
☐ Yes
☐ No

Escrow for
insurance:
☐ Yes
☐ No

$
Or more

$

$
Or more

 

* Unless otherwise ordered by the court, the amounts listed on a compliant proof of claim or a Notice filed under FRBP 3002(c) control over any contrary amounts above, and any Notice of Payment Change that might be filed to amend the ongoing monthly payment amount.

** The Gap will be calculated from the payment amounts reflected in the Official Form 410A Mortgage Proof of Claim Attachment and any Notice of Payment Change that might be filed to amend the monthly payment amount, but should not be included in the prepetition arrears amount.

 

All payments due to the Mortgage Creditor as described in any allowed Notice of Post-petition Mortgage Fees, Expenses, and Charges under F.R.B.P. 3002.1, filed with the Court, will be paid by the Trustee, on a pro rata basis as funds are available. See the Operating Order of the Judge assigned to this case. 

 

Once the trustee has filed a Notice of Final Cure under F.R.B.P. 3002.1(f), the debtor shall be directly responsible for ongoing mortgage payments and any further post-petition fees and charges.

 


Tue, 11/28/2017 - 11:02 am

Amended Chambers Guidelines for cases assigned to Judge Duncan, effective December 1, 2017, are available here and will be posted soon on the Court's webpage.

A further revised Operating Order 16-02, for chapter 13 conduit mortgage plans or a new order, will be entered and published soon and you will receive separate notice of entry, or interim language that is acceptable for inclusion in section 8 of the chapter 13 form plan in cases assigned to Judge Duncan until the new Operating Order is adopted. Judge Duncan is awaiting the results of the divisional workshops being hosted by Judge Waites and Judge Burris and hopes to have uniform language.


Subscribe to Chambers' Bulletins