October 28, 2021

Volume XI, Number 301

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October 27, 2021

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Updated Forms for U.S. Bankruptcy Court

As of December 1, 2015, many of the Official Forms for use in Bankruptcy Courts were updated. The changes were made as part of a forms modernization effort. Among the forms updated was the Official Proof of Claim Form (formerly Form B 10) used to assert a creditor’s claim in a bankruptcy case. The new Proof of Claim Form (Form 410) is particularly worth noting. Although Form 410 requires essentially the same information as its predecessor, it is substantially reformatted. Of significance is now the requirement for a separate attachment to be included and filed with the Proof of Claim for creditors asserting claims against an individual that are secured by the debtor’s primary residence; the Proof of Claim must also include a Mortgage Proof of Claim Attachment (Form 410A). This new Official Form substantially changes reporting requirements for mortgage lenders and servicers collecting claims (including loans made for business purposes) secured by a primary residence. While the prior form required an itemized reporting on missed payments and accrued and past due obligations, the new Form 410A requires a complete loan history (provided by way of a detailed spreadsheet) running from the first date of the current default, including a description of all payments made and their application, and all accrued and past due obligations. There are also two supplemental forms for any mortgage payment changes (Supplement 1) or seeking to add any post-petition fees, expenses or charges (Supplement 2). Failing to file the Mortgage Proof of Claim Attachment 9 Form 410A) when required may lead to the Court barring the creditor from presenting the information later in the bankruptcy proceeding.

© Copyright 2021 Murtha CullinaNational Law Review, Volume VI, Number 2
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About this Author

Robert Kaelin, Murtha Cullina, commercial litigator, franchise agreement attorney, business dispute legal counsel, landlord lawyer, CAM audit claims law
Partner

Mr. Kaelin represents clients in the areas of commercial litigation and bankruptcy.

Mr. Kaelin's commercial litigation practice centers on collection work, such as foreclosures, replevin actions and actions pursuant to the Connecticut Prejudgment Remedy Statute, and business disputes, contract actions, franchise agreement claims, Uniform Commercial Code actions and claims for tortious interference with business. Mr. Kaelin's litigation practice includes work in both state and federal court.  He has tried bench and jury trials in both federal and...

860-240-6036
Thomas Vangel, Murtha Cullina, automotive industry lawyer, officer liability attorney, bankruptcy estate legal counsel, unsecured creditor law
Partner

With extensive experience representing clients in the areas of business litigation and bankruptcy, Mr. Vangel's litigation practice includes commercial, franchise, automotive, banking, director and officer liability, landlord/tenant, and non-compete litigation. In his bankruptcy practice, Mr. Vangel is devoted to the representation of Chapter 7 and 11 Trustees, secured and unsecured creditors, landlords and creditors' committees. He also frequently represents corporate clients in defending complex preference claims and other litigation brought by bankruptcy estate...

617-457-4072
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