Clerk’s Office Updates U.S. Bankruptcy Court, Northern District of Texas

November 14, 2011

CM/ECF 4.2 Update

• New Rule 3002.1 requirements go into effect on December 1, 2011. To comply with the rule, CM/ECF has been modified to allow a creditor to file:

▫ Notice of Mortgage Payment Changes

▫ Notice of Postpetition Fees, Expenses, and Charges

▫ Response to Notice of Final Cure Payment

• The first two documents are filed as a supplement to the holder's proof of claim.

• This Rule required changes to CM/ECF.

CM/ECF 4.2 Update

• Notice of Mortgage Payment Change (Form B10 Supplement 1)

▫ Bankruptcy Claim Actions

▫ This event appears on the Claims Register, but not on the Docket Sheet

• Notice of Post-Petition Mortgage Fees, Expenses & Charges (Form B10 Supplement 2)

▫ Bankruptcy Claim Actions

▫ This event appears on the Claims Register, but not on the Docket Sheet

CM/ECF 4.2 Update

• Motion to Determine Mortgage Fees & Expenses

▫ Bankruptcy Motions/Applications Determine Mortgage Fees and Expenses

▫ This event is filed pursuant to Federal Rule 3002.1(e)

• Notice of Final Cure Payment

▫ Bankruptcy Notices Final Cure Payment

▫ Pursuant to Federal Rule 3002.1(f), this event is to be filed by the Chapter 13 Trustee within 30 days after the last Plan payment is made.

CM/ECF 4.2 Update

• Response to Notice of Final Cure Payment

▫ Bankruptcy Response/Objection/Reply to Response Response to Notice of Final Cure Payment

▫ This event is filed pursuant to Federal Rule 3002.1(g)

• Motion to Determine Final Cure and Payment

▫ Bankruptcy Motions/Applications Determine Final Cure and Payment

▫ This event is filed pursuant to Federal Rule 3002.1(h).

Local Rules Changes

• New and revised Local Bankruptcy Rules 3001.1, 3002.1, 3002.2, and 4001.1(e), relevant to claims secured by a debtor’s principal residence and proposes to delete Local Bankruptcy Rule 9014-1(g).

• Comment period ended November 4, 2011.

• You will receive further information from the Court when the Local Rules are scheduled to go into effect.

Local Rules Changes

• L.B.R. 3001.1 – Proof of Claim Attachment Required for Claims Secured by Security Interest in the Debtor’s Principal Residence

▫ Mortgage Proof of Claim Attachment – Form B10 Attachment A

▫ Filed as an attachment to the Proof of Claim form, as you would file any other supporting documentation

▫ Form will be available on our website, and is attached to the Draft Local Rules

Local Rules Changes

• L.B.R. 3002.2 – Mid-Case Audit Procedures With Regard to Claims Secured by Security Interest in the Debtor’s Principal Residence

▫ Notice to Deem Mortgage Current

Bankruptcy Notices Deem Mortgage Current

-OR-

▫ Notice of Amount Deemed Necessary to Cure

Bankruptcy Notices Amount Deemed Necessary to Cure

Local Rules Changes

• L.B.R. 3002.2 – Mid-Case Audit Procedures With Regard to Claims Secured by Security Interest in the Debtor’s Principal Residence

▫ Motion for Determination Regarding Mid-Case Notice

Bankruptcy Motions/Applications Determination Regarding Mid-Case Notice

This may be filed pursuant to L.B.R. 3002.2(d)

• L.B.R. 4001.1 – Automatic Stay – Relief From

▫ New affidavit requirements

Local Rules Changes

• L.B.R. 4001.1 – Automatic Stay – Relief From

▫ New affidavit requirements

Bankruptcy Motions/Applications Determination Regarding Mid-Case Notice

This may be filed pursuant to L.B.R. 3002.2(d)

Miscellaneous Fee Schedule

• The Judicial Conference, at its September 2011 session, approved changes to the miscellaneous fee schedules, which became effective November 1, 2011.

• The updated fee schedule can be found on our website at:

▫ www.txnb.uscourts.gov/Clerks-Office/Filing-Fees

PACER Fees • The Judicial Conference of the United States has

authorized an increase in the Judiciary’s electronic Public Access (EPA) fee from $.08 to $.10 per page effective April 1, 2012.

• Local, state, and federal government agencies will be exempted from the increase for three years.

• PACER users who do not accrue charges of more than $15 in a quarterly billing cycle will not be charged a fee.

Unclaimed Funds

• Just a reminder to trustees - 11 USC § 347 submit unclaimed funds 90 days after final distribution.

• For those who are seeking to claim funds you can visit our website at:

o www.txnb.uscourts.gov/Reference-Library

Electronic Bankruptcy Noticing • Electronic Bankruptcy Noticing (EBN) is a FREE service

that allows court notices to be transmitted electronically, delivering them faster and more conveniently. Electronic Noticing has the following advantages:

▫ You can receive electronic notices faster. They are sent on the same day they are produced at the court.

▫ You can access your court notices 24/7.

▫ Court notices that would be mailed to multiple locations can be routed to a centralized address.

▫ Storing notices to your computer means you never lose a paper copy.

▫ Court notices can easily be forwarded around the office or to your attorney.

Electronic Bankruptcy Noticing

• For more information please visit:

▫ http://ebn.uscourts.gov/index.adp

No Legal Advice!

• Just a reminder that Clerk’s Office employees cannot give legal advice.

• When your clients call with legal questions, we will direct them to you.

Discontinued Mailing of Proof of Claim Forms

• All courts have been asked to stop transmitting Official Form B10, Proof of Claim, through the Bankruptcy Noticing Center (BNC) by October 1, 2011.

• As of September 2, 2010 we have stopped mailing Proof of Claim forms.

• We accept claims in all cases electronically via the Court’s web-based Online Claim Filing System.

Revised 341 Notice

Online Claims Filing

Online Claims Filing

• File without mailing in form.

• Use without login or password.

• Free to use.

• Immediate confirmation proof of claim is received by the court.

Changes to Claim Form B10

• New section 3b allows for a uniform claim identifier

• Optional – 24 digits

Changes to Claim Form B10

• Section 7 – attach supporting documents as per rule 3001 (c) or explanation for their absence

Changes to Claim Form B10

• Section 8 – Additional information regarding signature