December 1, 2025 Rule Changes

Two amendments to the Federal Rules of Bankruptcy Procedure (FRBP) will take effect on December 1, 2025 with FRBP 3002.1 and FRBP 8006 being amended. In addition to the amendment of the two rules, six new forms will go into effect and one form will be modified. Discussion of the amended rules and the new and amended forms is provided below.

FRBP 3002.1 (Notice Relating to Claims Secured by a Security Interest in the Debtor’s  Principal Residence in a Chapter 13 Case)  

The rule is amended to encourage a greater degree of compliance with its provisions and to allow assessments of a mortgage claim’s status while a chapter 13 case is pending in order to give the debtor an opportunity to cure any post-petition defaults that may have occurred. Stylistic changes are made throughout the rule, and its title and subdivision headings have been changed to reflect the amended content.  

Subdivision (a) is amended to delete “contractual” and “installment” to clarify and broaden the rule’s applicability. Subdivision (b) is amended to provide more detailed provisions about notice of payment changes for HELOCs. HELOC claimants may now choose to file only an annual payment change notice while also ensuring at least 21 days’ notice before a payment increase takes effect. Subdivision (b)(3) now provides that a late notice of a payment increase until the first payment due after the required 21 day notice period expires.  

Subdivision (f) has been added to the rule to provide an optional procedure for assessing the status of a mortgage at any point before the trustee files the notice required under (g)(1). This procedure is initiated by motion, on the newly adopted Official Forms as further described herein.  Subdivision (h) (previously subdivision (i)) is amended to clarify that the listed sanctions are authorized in addition to any other actions that the rule authorizes the court to take if the claim holder fails to provide notice or respond as required.  

Other amendments to the rule are made to incorporate the new Official Forms.  

FRBP 8006 (Certifying a Direct Appeal to a Court of Appeals)

Rule 8006(g) is revised to clarify that any party to the appeal may file a request that a court of appeals authorize a direct appeal. There is no obligation to do so if no party wishes the court of appeals to authorize a direct appeal. 

New Official Forms:  

Official Form 410C13-M1 (Motion Under Rule 3002.1(f)(1) to Determine the Status of the Mortgage Claim). Used by either the debtor or the trustee to determine the status of a home mortgage at any time during a chapter 13 case prior to the trustee's Notice of Disbursements Made. A new event in the Court’s CM/ECF system will be created for this form.

Official Form 410C13-M1R (Response to [Trustee’s/Debtor’s] Motion Under Rule 3002.1(f)(1) to Determine the Status of the Mortgage Claim). Used by the holder of a mortgage claim to respond to a trustee's or debtor's motion under FRBP 3002.1(f(1) to determine final cure and payment of the mortgage. A new event in the Court’s CM/ECF system will be created for this form.

Official Form 410C13-M2 (Motion Under Rule 3002.1(g)(4) to Determine Final Cure and Payment of Mortgage Claim). Used by either the trustee or the debtor to move at the end of the case to determine whether all arrearages have been cured and all post-petition amounts have been paid. The Court will continue to use the Motion to Determine Final Cure and Payment of Mortgage Claim event for this form. The event will now require negative notice.

Official Form 410C13-M2R (Response to [Trustee’s/Debtor’s] Motion Under Rule 3002.1(g)(4) to Determine Final Cure and Payment of the Mortgage Claim). Used by the holder of a mortgage claim to respond to a trustee's or a debtor's motion under FRBP 3002.1(g)(4) to determine final cure and payment of the mortgage claim. A new event in the Court’s CM/ECF system will be created for this form.

Official Form 410C13-N (Trustee’s Notice of Disbursements Made) This notice can only be filed by the trustee. The trustee currently files this as the form “Notice of Final Cure Mortgage Payment,” which will be renamed “Trustee’s Notice of Disbursements Made.”

Official Form 410C13-NR (Response to Trustee’s Notice of Disbursements Made). Used by the holder of a mortgage claim to respond to a trustee's Notice of Disbursements Made.  The trustee currently files this as “Response to Notice of Final Cure Payment,” which will be renamed “Response to Notice of Disbursements Made.”

Official Form 410S1 (Notice of Mortgage Payment Change). This form will be modified by creating a new Part 3 for the Annual HELOC Notice and existing Part 3 will become Part 4. Directions will be added under "New total payment" to indicate "For HELOC payment amounts, see Part 3."

Links to the amended FRBP rules as well as amendments to other Federal Rules can be found at the Administrative Office of the United States Courts website.

Links to the new Official Forms can be found at https://www.uscourts.gov/forms-rules/pending-rules-and-forms-amendment/pending-or-recent-changes-bankruptcy-forms