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Expert Analysis

Where Proposed Changes To Rule 3002.1 Fall Short

Law360, New York ( April 9, 2015, 11:38 AM EDT) -- The Judicial Conference Advisory Committee on Bankruptcy Rules recently published proposed amendments to the Bankruptcy Rules, including Bankruptcy Rule 3002.1, which requires a secured creditor to file certain notices regarding new post-petition amounts that may become due and owing over the course of a Chapter 13 bankruptcy. The proposed amendments seek to clarify that the rule's notice requirements apply in cases where the debtor or trustee makes post-petition payments directly to the creditor without regard to whether the debtor is curing a prepetition arrearage, but do not apply in cases where the court has granted relief from the automatic stay....

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