Legal Question in Bankruptcy in California

Chapter 13, I have been making post-petition deed of trust payments to the lender on the note and plan payments to the trustee and fixing all the small issues the trustee requires in order to confirm my plan.

I then get a Motion for Relief filed by another bank under 362(d) - not making post petition payments to Movant. They did not file a Proof of Claim yet, but did seek to have the notice requirements under subsection (b) (c) of rule 3002.1 of the F.R.B.P waived as they relate to Movant's secured claim on the Property.

Does a POC have to be filed prior to the MFR? Not sure what that means about the notice requirements under 3002.1 either


Asked on 2/03/12, 11:40 pm

2 Answers from Attorneys
Charles Andersen Charles Andersen, Atty

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Answered on 2/04/12, 10:48 am
Sanaz Bereliani Bereliani Law Firm

Technically no, they don't need to file the POC. The POC needs to be filed for them to be paid their certaina amount they are claiming. Anyone can file an MFR against you. You can get into an adequate protection order as to this motion for relief being filed and prevent them from taking action against you. However, action is needed immediately.

It does not sound like you have an attorney, I would highly recommend you dealing with an attorney to get further information on how to deal with this matter without losing your home or any properties.

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Answered on 2/06/12, 10:12 am


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