IN THE UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

In re: § Case No. xx-xxxxx
§
Debtor 1§
Debtor 2§Chapter 13
§
Debtor(s) §Judge Norman

MOTION FOR DETERMINATION OF FINAL CURE AND

PAYMENT OF ALL POST-PETITION PAYMENTS

PURSUANT TO BANKRUPTCY RULE 3002.1(H)

A hearing has been set on [Date] at [Time] at the United States Courthouse, Courtroom Four, 300 Fannin St. Shreveport, LA 71101.

Debtor [name] has filed papers with the court to obtain an order seeking a determination of final cure and payment of all post-petition mortgage payments pursuant to Bankruptcy Rule 3002.1(h). 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/application/objection, then on or before seven days from the hearing date set forth for the motion, you must file with the court a written response explaining your position by mailing your response by regular U.S. Mail to Clerk United States Bankruptcy Court, 300 Fannin St. Shreveport, Louisiana 71101 OR your attorney must file a response using the court’s ECF System.

The court must receive your response on or before the date set above.

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:

Attorney Name, Esq. 123 Main St. Shreveport, LA 71101 and

Todd Johns, Chapter 13 Trustee, address.

IF YOU OR YOUR ATTORNEY DO NOT TAKE THESE STEPS, THE COURT MAY DECIDE THAT YOU DO NOT OPPOSE THE RELIEF SOUGHT IN THE MOTION/OBJECTION AND MAY ENTER AN ORDER GRANTING THAT RELIEF WITHOUT FURTHER HEARING OR NOTICE.

The debtors move the Court pursuant to sections 1322, 1327, and 1328 of the Bankruptcy Code, and Bankruptcy Rule 3002.1(h), for the entry of an order in this case to declare the mortgage loan currently held [or serviced] by [mortgage lender or servicer] to have been cured by the completion of the debtor’s Chapter 13 Plan and to be current as of the date of entry of the order granting this motion. In support of their motion, the debtor(s) state the following:

1. This case was commenced by the filing of a petition with the Clerk of this court on [date].

2. The debtors’ Chapter 13 Plan provided for a cure of the debtor’s pre-petition mortgage default and the maintenance of current mortgage payments during the Plan pursuant to 11 U.S.C.

§ 1322(b)(5).

  1. The debtors’ prepetition mortgage default was determined by the allowance of mortgagee’s Proof of Claim and the Mortgage Proof of Claim Attachment (Attachment A), in the amount of [total amount necessary to cure the default as of the petition date as set forth in proof of claim and Part 3 of Attachment A or as determined by court].
  2. The debtors’ Chapter 13 Plan providing for payment of that amount and maintenance of current payments by the debtor was confirmed by order of this Court and is binding on [mortgage holder or servicer] under 11 U.S.C. § 1327.
  3. After the debtors completed their plan payments on [date], the trustee [or debtors] filed a Notice of Final Mortgage Cure Payment in this case pursuant to Fed. R. Bankr. P. 3002.1(f).
  4. The amount established as the arrearage to be cured by the debtors on their mortgage has been paid in full, as confirmed by the Notice of Final Cure Payment filed the trustee [or debtors].
  5. The Notice of Final Cure Payment filed by the trustee [or debtors] informed [mortgage holder or servicer] of its obligation to respond and to file a statement indicating whether it agrees that: a) the debtor has paid in full the amount required to cure the default on the claim, and b) the debtor is otherwise current on all payments consistent with 11 U.S.C. § 1322(b)(5).

8a.[Alternative A] In response to this Notice, [mortgage holder] filed a statement on [date] as a supplement to its proof of claim indicating that fees, expenses, and charges in the amount of [$amount] are due and unpaid, and that post-petition mortgage payments in the amount of [$amount] are due and unpaid. The alleged fees, expenses and charges, and post-petition mortgage payments have been paid by the debtors or are not required to cure the default or maintain payments in accordance with 11 U.S.C. § 1322(b)(5) for the following reasons: [list fees and payments and explanation why not due].

8b.[Alternative B] Despite the requirement in Bankruptcy Rule 3002.1(g) to file a statement in response to this Notice, [mortgage holder] failed to file and serve such a statement within 21 days after service of the Notice.

  1. All fees, expenses, and charges asserted as recoverable against the debtors or the debtors’ residence in the Notices of Post-petition Mortgage Fees, Expenses, and Charges filed by [mortgage holder] during the pendency of this Chapter 13 case have either been paid by the debtors or the court has determined that they are not required to cure the default or maintain payments in accordance with 11 U.S.C. § 1322(b)(5).
  2. The debtors have made all of their post-petition mortgage payments to [mortgage holder] up to and including the date of the filing of this motion.

WHEREFORE, the debtors request this Court enter an Order:

a.Declaring that the debtors’ mortgage loan has been cured so that it is current as of the date of the order granting this motion in connection with any alleged default on their mortgage or otherwise, that have not been approved by this Court through the allowance of the claim of [mortgage holder] or otherwise, be deemed cured by completion of the plan and therefore canceled and discharged.

b.Declaring that any amounts for fees, charges, or expenses that [mortgage holder] may allege the debtors owe as of the date of the order granting this motion in connection with any alleged default on their mortgage or otherwise, that have not been approved by this Court through the allowance of the claim of [mortgage holder] or otherwise, be deemed cured by completion of the plan and therefore canceled and discharged.

c.Declaring that any attempt to collect these discharged charges, fees, or expenses be deemed to be a willful violation of the discharge injunction and 11. U.S.C. § 524(i), and contempt of the orders of this Court.

d.[optional clause if noncompliance with notice requirements] Awarding reasonable attorney fees to the debtors pursuant to Fed. R. Bankr. P. 3002.1(i) for their expenses in bringing this proceeding as a result of the [name of mortgage holder’s] failure to provide debtors with the information required by Fed. R. Bankr. P. 3002.1(b), (c), or (g);

e.Awarding such other and further relief as is just and proper.

Dated: [date of signature]Respectfully submitted,

[signature]

Attorney for debtor

CERTIFICATE OF SERVICE

I hereby certify that on [date], a true and correct copy of the Motion for Determination of Final Cure and Payment of All Post-Petition Payments was served via certified mail on an officer of the institution to officer name, institution name, and address below.

Dated: [date of signature][signature]

Attorney for Debtor

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