The Bankruptcy Rules Advisory Committee is considering two very important sets of amendments to the Bankruptcy Rules. The first set would amend Rule 3001 to require that a proof of claim include, if the claim is based on an open end credit agreement (like a credit card), a copy of the last account statement. In addition, any proof of claim must include an itemized statement of interest, fees and charges, the amount necessary to cure a default on a secured debt, and an escrow statement for a home mortgage. Failure to include information required would normally preclude the creditor from introducing it in evidence in any proceeding.
A new Rule 3002.1 would require mortgage lenders to provide notice to the debtor, debtor’s counsel, and trustee of all payment changes, and of all fees and charges assessed to the debtor’s account, and provide an opportunity for the debtor to object. It also establishes a mechanism for the court to determine at the end of the case whether the mortgage has been cured, and precludes a creditor from introducing evidence of any fees or charges for which notice was not provided under the rule.
The proposed rules are available at: http://www.uscourts.gov/rules/proposed0809/BK_Rules_Forms_Amendments.pdf