2 min read

FRBP 3002.1 Changes Effective December 1, 2025

Julian T. Cotton, Esq. : Nov 3, 2025 11:08:18 AM

Bankruptcy
FRBP 3002.1 Changes Effective December 1, 2025

Effective December 1, 2025, a few changes to FRBP 3002.1 which impact Creditors will go into effect. The primary focus of the changes this year is to encourage better compliance with the final cure process, and in so doing ensure debtors have the opportunity to cure any post-petition amounts that remain outstanding. The revised and new sections of FRBP 3002.1 accomplish this by expanding the scope of its applicability, introducing updated and new forms, and providing a more standardized final cure process.

 

Upcoming Changes

The first major change is that FRBP 3002.1 now applies to any payment disbursed on the debt via the Chapter 13 plan. This will now include plan treatments like total debts and cramdowns, as an example. Previously, the rule only applied to contractual installment payments.

Secondly, the rule has been updated to provide a formal process for annual notices on HELOC loans, to the extent the Creditor exercises this option. Creditors will have to include a reconciliation amount that adjusts the new total payment amount for the next period (accounting for overpayment and underpayment throughout the year). However, if the payment is increasing by more than $10 for any particular month, a notice will need to be filed within 21 days of the effective date. The Notice of Mortgage Payment Changes form (Official Form 410S1) is being amended to specifically include a section for HELOC loans for use if opting into annual notices.

The most significant change this year pertains to an overhaul of the final cure process. Debtors and Trustees are now able to file Motions to Determine Status at any point between petition and plan completion. Creditors will have 28 days to file a response using the new Official Form 410C13-M1R. Additionally, instead of the Notice of Final Cure, Trustees will now be filing an End-of-Case Notice of Disbursements Made. Creditors will now have 28 days to file a response using the new Official Form 410C13-NR. Trustees and Debtors will now have 45 days to file a Motion to Determine, in which the Creditor must respond within 28 days using the new Official Form 410C13-M2R.

 

Recommendations

The new Creditor forms are summarized in the chart below. The forms pertaining to the new final cure process will each require the information below. Consequently, in order to comply with the new information being requested in the updated forms, we ask that these figures be provided at the time of referral.

Of course, if you have any questions regarding the upcoming changes, please contact our Supervising Attorney, Andrea Betts-Whalen at Andrea.Betts-Whalen@padgettlawgroup.com.

 

New Creditor Forms

Creditor Form Name Description Creditor Deadline
Official Form 410S1
Revised PCN Form | Includes HELOC Section
21 Days
Official Form 410C13-M1R
Mid-Case Response to Motion to Determine
28 Days
Official Form 410C13-NR
End-of-Case Response to Notice of Disbursements Made
28 Days
Official Form 410C13-M2R
Response to Motion to Determine Final Cure
28 Days

New Data Points Needed – Final Cure Creditor Forms

Arrears
  • Total amount received as of the date of the response – including pre and post-petition arrears
  • Total amount of pre-petition arrears remaining as of the date of the response (if applicable)
  • Total amount of post-petition arrears remaining as of the date of the response (if applicable)
Post-Petition Payments
  • Post-Petition Due Date – if disagree that the debtor is current on post-petition payments
Payoff Statement
  • Must attach a payoff statement
  • Date last payment was received on the mortgage
  • Date next post-petition payment is due
  • Amount of the next post-petition payment
  • UPB · Deferred or accrued interest
  • Balance of the escrow account
  • Balance of unapplied funds or funds in suspense
  • Total amount of unpaid fees, charges, expenses, negative escrow, or costs
Itemized History
  • This can mirror our typical RFCN payment history and fee itemization

 

Form Links

Official Form 410C13-M1R - Response to Mid-Case Motion to Determine.pdf

Official Form 410C13-M2R - Response to Motion to Determine Final Cure.pdf

Official Form 410C13-NR - Response to End-Case Notice of Disbursements.pdf

Official Form 410S1 - Notice of Mortgage Payment Change.pdf
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