IN THE UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
IN RE: CASE NO: ______
CHAPTER 13
DEBTOR JUDGE: ______
MOTION TO APPROVE LOAN MODIFICATION AGREEMENT
WITH ______
Now comes the Debtor(s) ______and request the court to approve the terms of the attached loan modification agreement.
1. The debtor(s) filed the case on ______
2. This is an above ______or below ______median income case.
3. The mortgage is paid through the Trustee ____ or directly by debtor(s) ____. (If the mortgage was being paid through the Trustee then this modification will not change this).
4. The loan modification agreement does____does not ____ pay-off the plan.
5. The current mortgage payment is ______and the current interest rate is______. There is an arrears of ______being paid by the Trustee.
6. The modification, effective ______changes the mortgage payment to ______.
The new mortgage interest rate is ______.
The pre-petition arrears is ______(put to the back of the loan, reduced
or eliminated) (Set forth in detail any changes to the arrears). ______.
7. Post-petition arrears, if any, (put to back, reduced or eliminated.) ______.
The new mortgage payment includes taxes and insurance: Yes ______No ______.
8. There is a second mortgage on the property ______.
9. If the Chapter 13 Plan needs to be modified, then counsel for debtor(s) will file the appropriate separate motion.
Wherefore the Debtor(s) request the court to approve the attached Loan Modification Agreement.
______
Debtor Signature
______
Debtor Signature
______
Attorney ______
______
______
______
(CASE NUMBER)
NOTICE OF MOTION TO APPROVE LOAN MODIFICATION AGREEMENT
Debtor(s), through counsel, has filed a Motion to Approve Loan Modification Agreement.
Your rights may be affected. You should read these papers carefully and discuss them with your attorney, if you have one in this bankruptcy case. If you do not have an attorney, you may wish to consult one.
If you do not want the court to grant the relief sought in the Motion, then on or before twenty –one (21) days from the date set forth in the certificate of service for the motion, you must file with the court a response explaining your position by mailing your response by regular U.S. Mail to Clerk, U.S. Bankruptcy Court, Southern District of Ohio, 120 W. Third St., Dayton, Ohio 45402 OR your attorney must file a response using the court’s ECF System.
The court must receive your response on or before the above date.
You must also send a copy of your response either by 1) the court’s ECF system or by 2) regular U.S. Mail to:
(Debtor name and address)
(Debtor’s attorney name and address)
(Creditor’s attorney, if available, name and address)
(Creditor’s name and address)
Jeffrey M. Kellner, Chapter 13 Trustee, 131 N. Ludlow St., Dayton, Ohio 45402
Office of the U.S. Trustee, 170 North High St., Suite 200, Columbus, Oh 43215
If you or your attorney do not takes these steps, the court may decide that you do not oppose the relief sought in the motion and may enter an order granting that relief without further hearing or notice.
CERTIFICATE OF SERVICE
I hereby certify that on (Date), a copy of the attached was served on the following ECF participants electronically through the court’s ECF System at the email address registered with the court.
(Debtor attorney)
(Chapter 13 Trustee)
(UST)
And on the following by ordinary U.S. Mail, on (Date):
(Debtor name and address)
(Creditor’s attorney, if available, name and address)
(Creditor’s name and address)
(Names and addresses of affected parties).
By ______
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