Clerk s Office Updates U.S. Bankruptcy Court, Northern District of Texas. November 14, 2011

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1 Clerk s Office Updates U.S. Bankruptcy Court, Northern District of Texas November 14, 2011

2 CM/ECF 4.2 Update New Rule requirements go into effect on December 1, 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.

3 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

4 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 (e) Notice of Final Cure Payment Bankruptcy Notices Final Cure Payment Pursuant to Federal Rule (f), this event is to be filed by the Chapter 13 Trustee within 30 days after the last Plan payment is made.

5 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 (g) Motion to Determine Final Cure and Payment Bankruptcy Motions/Applications Determine Final Cure and Payment This event is filed pursuant to Federal Rule (h).

6 Local Rules Changes New and revised Local Bankruptcy Rules , , , and (e), relevant to claims secured by a debtor s principal residence and proposes to delete Local Bankruptcy Rule (g). Comment period ended November 4, You will receive further information from the Court when the Local Rules are scheduled to go into effect.

7 Local Rules Changes L.B.R 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

8 Local Rules Changes L.B.R 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

9 Local Rules Changes L.B.R 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 (d) L.B.R Automatic Stay Relief From New affidavit requirements

10 Local Rules Changes L.B.R Automatic Stay Relief From New affidavit requirements Bankruptcy Motions/Applications Determination Regarding Mid-Case Notice This may be filed pursuant to L.B.R (d)

11 Miscellaneous Fee Schedule The Judicial Conference, at its September 2011 session, approved changes to the miscellaneous fee schedules, which became effective November 1, The updated fee schedule can be found on our website at:

12 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, 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.

13 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

14 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.

15 Electronic Bankruptcy Noticing For more information please visit:

16 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.

17 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, 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.

18 Revised 341 Notice

19 Online Claims Filing

20 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.

21 Changes to Claim Form B10 New section 3b allows for a uniform claim identifier Optional 24 digits

22 Changes to Claim Form B10 Section 7 attach supporting documents as per rule 3001 (c) or explanation for their absence

23 Changes to Claim Form B10 Section 8 Additional information regarding signature