Date: November 6, 2023
By: Bonial & Associates, P.C.
Subject: POC Form 410A—Updates to Bankruptcy Rules, Forms, and Fees
As we approach the end of the year, there are several updates coming to Bankruptcy. Below we will cover federal updates to rules, forms, and filing fees. All are effective December 1, 2023.
Official Form 410A (Mortgage Proof of Claim Attachment)
The POC 410A for mortgage claims requires a more detailed itemization in Part 3 for the arrearage. The principal and interest payments must now be itemized on two separate lines showing the principal due and interest due. This does not change any calculations in the POC arrearage. It is considered a minor change to the form itself. (See attached changes highlighted on the new form).
While minor on the form, this update will require additional detail from creditors in the POC referral package.
This change is effective for all cases filed on or after December 1, 2023, and should be used on all pending cases as is “just and practicable” per the federal rules committee. Our firm plans to implement this new form on all mortgage POCs produced on December 1, 2023, to best ensure compliance. To the extent there are POCs in pipeline (on the old form) that are pending approval by our clients, we recommend approving as many of those as possible by November 30th so that we can file before the form
change. However, if any are approved after December 1st we will still proceed to file with the court…as is just and practicable.
Court Filing Fees
The court has adjusted its filing fees for inflation and the relevant bankruptcy filing fee changes are:
MFR Filing Fee: Increase from $188 to $199
Motion to Redact: Increase from $26 to $28
TOC Filing Fee: Increase from $26 to $28
Rule 3011: Updated to require the court to provide searchable access on their website to any unclaimed funds, pursuant to section 347 of the Bankruptcy Code.
Rule 8003: Updated to align with recent amendments to the Federal Rule of Appellate Procedure 3, regarding the right to appeal.
Rule 9006: Updated to add Juneteenth National Independence Day as a holiday in bankruptcy.
Rule 9038: New rule expands existing Rule 9006(b) which authorizes bankruptcy judges to grant extensions due to emergency. This new rule was created (along with other federal rules outside of bankruptcy) in response to the CARES Act directive to allow the judge to grant extension for emergencies such as those during the COVID-19 pandemic.
Should you have any further questions, feel free to contact our office at Jim.OReilly@BonialPC.com, Hilary.Bonial@BonialPC.com or
Paul.Cervenka@BonialPC.com .