You are here

Local Bankr. R. 4001-4

Table of Contents               Next                     Previous

Local Bankr. R. 4001-4  Loan Modifications.

(a)      The provisions of FRBP 4001(d) shall apply to any motion for authorization to enter into a loan modification. A Movant shall file a motion for approval of any loan modification with the consent of the other party to the agreement pursuant to FRBP 4001(d).

(b)      Any motion filed in accordance with FRBP 4001(d) shall identify the following, and in a Chapter 12 and 13 case, the proposed order shall include the following:

         (1) The obligation to be modified including the date it was made, the parties to any agreement, the original principal amount, and the address of the property securing the obligation;
         (2) The confirmation date, with the ECF number of the confirmation order, and any confirmed plan, with its ECF number;
         (3) The date and number of any proof of claim the obligee filed, including the mechanism for any transfer of claim, with its ECF number;
         (4) The treatment of the obligation under any confirmed Chapter 13 Plan;
         (5) The treatment of the claim under the approved modification agreement; and
         (6) The effect of the modification on any other liens or encumbrances asserted against the collateral or creditors.