Proof of Claim

Every proof of claim secured by real property shall include all outstanding escrow charges owed as of the petition date and be calculated: A. B. The actual escrow balance as of the petition date must be itemized in the proof of claim. Creditors are required to disclose the last year’s disbursement for escrowed property taxes and insurance premiums as well as the date of last payment. To calculate the past due escrow amounts, the prior year’s disbursements should each be divided by 12 then multiplied by the number of months between the date of last payment and the petition date. The sum of these amounts, plus two months worth of escrow payments as allowed by RESPA, should then be subtracted from the actual escrow balance existing on the petition date.

If the difference is a negative number, the sum should be reflected on the proof of claim as the total past due. If the difference is a positive number, it should be noted as a credit against other sums owed. C. The calculations should appear on the face of the proof of claim: Escrow charges Amount Date paid Mo amt Mos to petition date Total due Hazard Ins $A X/X/XX A/12=M X/X/XX-Petition date=N M*N Flood Ins $B X/X/XX B/12=O X/X/XX-petition date=P O*P Taxes $C X/X/XX C/12=Q X/X/XX-Petition date=R Q*R Total S T 1. 2.

3. 4. D. The two (2) months worth of escrow payments allowed under RESPA are calculated: [(A + B + C)/12 ] x 2 = U. U + T = Past Due Escrow Payments. The actual escrow balance on the petition date minus the Past Due Escrow Payments (U + T) = the escrow balance on proof of claim.

The debtor’s postpetition escrow account should begin with a balance equal to the Past Due Escrow Payments (U + T). The new monthly postpetition escrow payment (“S”) should be added to postpetition installments of principal and interest beginning on the first due date following the petition date. The proof of claim should itemize only the interest and principal components of all prepetition past due installments. Any amounts held in debtor’s suspense, as well as all other outstanding fees, costs, and charges, should be separately itemized.

21 RULE 3007-1 Claim Objections Unless otherwise ordered by the presiding judge, the following procedures apply to all claim objections: A. B. C. D. E. F. G. Claim objections may be noticed for hearing as contested matters pursuant to Local Rule 9013-1, subject to FRBP 3007(a). The court may convert the matter to an adversary proceeding. A claim objection must attach a copy of the proof of claim and documentary evidence to support the objection. Objections to secured claims must be made by separate motion when based on the value of the collateral or validity of a lien as to property of the estate.

Objections to a lien must be supported with credible evidence as to value. Proposed plans of reorganization in chapters 12 and 13, may not include a challenge to the validity of a creditor’s lien or the value of its collateral. Liens in chapters 12 and 13 will not be avoided based on lack of equity until the successful conclusion of the debtor’s plan; however, upon separate objection, the debtor may obtain an order of the court treating the claim as unsecured or partially secured for distribution purposes pending completion of the case. An unopposed claim objection may be granted without hearing if accompanied by an affidavit stating the material facts supporting the objection.

If a hearing is required, counsel must present evidence in the form of affidavits, testimony, or authenticated documentary evidence to support the objection. For opposed claim objections, the initial hearing will be treated as a status conference (without evidence) to set appropriate pretrial deadlines and a trial date. No more than five (5) individual claim objections may be set for hearing in the same case on motion day. No evidence other than that originally attached to the objection will be taken on motion day.

Service of objections to claim filed as motions must be made in accordance with Local Rule 2002-1.