Amendments to Bankruptcy Rules 3002.1 and 8006 (Effective December 1, 2025)
- Jim OReilly
- 1 day ago
- 3 min read
December 1st is typically the effective date for any new federal rule updates, which includes bankruptcy.
There are only two rules changing (Rules 3002.1 and 8006), but those changes will have a big impact in bankruptcy.
Below is a summary of the rule updates:
Rule 3002.1: Chapter 13—Claim Secured by a Security Interest in the Debtor’s Principal Residence
Today this rule covers post-petition notices and specifically Payment Change Notices (PCNs), Post-Petition Fee Notices (PPFNs), and Responses to Final Cure Notice (Resp. to FCNs). There are several changes to this rule impacting creditors:
1. Overall application of the rule
a. This rule applies to any payment in the bankruptcy plan (not just contractual payments), so this rule now officially applies to total debt and reverse mortgages.
2. PCN Process
a. PCNs must be filed on home equity lines of credit (HELOCs) with two options:
i. Standard PCN: filed 21 days before the change in payment
ii. Annual PCN: reconciliation of payments over the past year with a new payment established 21 days before the change in payment
1. Must be filed at least once per year starting from petition date
2. If any change is more than $10 (increase or decrease) then a new PCN must be filed at that point and then continue with once per year thereafter
b. Penalty for a late PCN is established:
i. Late increasing payment is effective the next payment 21 days out and creditor cannot increase payments for any missed months.
ii. Late decreasing payment is effective on the original payment date, even if in the past
c. Federal form is updated to allow for Annual HELOC PCN
3. Final Cure Process
a. Motion to Determine Status (similar to Interim Notice today)
i. This is an optional process created for the trustees or debtors which follows the Interim Cure Notices we see in a few local jurisdictions today (PA-W and TX-N)
ii. This is a motion and therefore should be handled like litigation in responding, even though there are federal forms.
iii. Responsive motion requires new federal form: Form 410C13-M1R
b. Trustee’s End of Case Notice of Disbursements Made (similar to Final Cure Notice today)
i. This is like the Final Cure Notice today, but the trustee or debtor will file this notice within 45 days of plan completion (instead of 30 days) and the creditor will have 28 days (instead of 21 days) to file a Response to Notice of Disbursement Made
ii. This is a notice (not a motion) and the response should be filed much like the Response to Final Cure today
iii. Response requires new federal form: 410C13-NR
c. Court Determination of a Final Cure and Payment (similar to Motion to Deem Current today)
i. Within 45 days after the Response to Notice of Disbursement Made, the trustee or debtor may file a motion and if they do creditor has 28 days to decide if they want to file a response
ii. This is a motion and therefore should be handled like litigation in responding, even though there are federal forms.
iii. Response requires new federal form: 410C13-M2R
Rule 8006: Certifying a Direct Appeal to the Court of Appeals
This rule has been modified to clarify that any party may request a direct appeal to the court of appeals.
While these rules changes are effective on December 1, 2025, for new bankruptcy cases, technically they are to be applied to pending cases as is “just and practical”. We are ready to continue filing responses in pending cases using the Response to Final Cure process for a period of time after December 1. However, we anticipate all pending cases will move to the above process as we move into 2026. Either way we have our clients covered no matter what notices are filed by the trustee.
Clients should consider impacts to current processes such as workflow (steps and tasks) as well as tracking these new documents with new deadlines. Additionally, invoicing and pricing tables will need to be updated as we anticipate investor allowable fee changes to address these new actions.
Please do not hesitate to reach out if you have any questions.
Feel free to contact our office at Jim.OReilly@NationalBankruptcy.com .