Bankruptcy Payment Change Notice Rule Changes to Take Effect December 1, 2016
By Phoebe S. Winder and Ryan M. Tosi
On December 1, 2016, the amendments to Bankruptcy Rule 3002.1 aimed at clarifying when a secured creditor must file a payment change notice (“PCN”) in a Chapter 13 bankruptcy take effect. The new rule requires secured creditors to file PCNs on all claims secured by the Chapter 13 debtor’s primary residence for which the debtor or Chapter 13 Trustee is making post-petition payments during the bankruptcy, without regard to whether the debtor is curing a pre-petition arrearage. The new rule also clarifies that the PCN requirement ceases once the creditor obtains relief from stay, unless the court orders otherwise.
Our prior alerts and articles detailing the amendments can be viewed at:
Advisory Rules Committee Adopts Amendments to Bankruptcy Rule 3002.1