Scope and Content of Account Information and Statements Secured Creditors May Provide to

Debtors Postpetition. P a g e | 35 (2) (3) If the case was filed under Chapter 7, or was filed under Chapter 12 or 13 and the secured debt is not paid entirely through the plan, and creditor sent monthly statements to debtor before the bankruptcy petition, creditor shall send monthly statements that contain the same information as, and are similar to, the monthly statements that creditor sent to debtor before the bankruptcy was filed. If the case was filed under Chapter 7, or was filed under Chapter 12 or 13 and the secured debt is not paid entirely through the plan, and creditor provided a coupon book or other similar set of invoices to debtor, creditor shall send to debtor and debtor’s attorney a default letter setting forth the postpetition arrearages upon any perceived or actual default by debtor, and before taking any steps to modify the automatic stay. (d) Forms of Communication; Issuance of Monthly Statements Do Not Violate the Automatic Stay.

(1) (2) For this subpart, creditor shall be considered to have sent the requisite documents or monthly statements to debtor when creditor has placed the required document in any form of communication that, in the usual course, would result in debtor receiving said document to the address that debtor last provided to creditor by agreement between debtor and creditor. Said communication may be transmitted via electronic mail, facsimile, United States Postal Service, commercial communications carrier, or such other mode as is mutually acceptable to the parties. Creditor who provides account information or monthly statements under subparts (b) or (c) above shall not be found to have violated the automatic stay by doing so. Secured creditor may contact debtor about the status of insurance coverage on property that is collateral for creditor’s claim, may respond to inquiries and requests or information about the account from debtor, and may send debtor statements, payment coupons, or other correspondence that creditor sends to its non-debtor customers without violating the automatic stay provided none of these communications includes an attempt to collect the debt.

(e) Motions to Compel a Creditor to Issue Monthly Statements that Comply with this Local Rule. (1) Debtor may file a Motion to Compel Creditor to Issue Monthly Statements in Compliance with Mont. LBR 4001-3 (“Motion to Compel”) if debtor can offer evidence that the information in sections (b), (c), or (d) is necessary. Before filing a Motion to Compel, debtor must make good faith attempts to contact creditor to determine whether the information is available.

The motion must include a description of debtor’s good faith attempts taken before filing the motion, any response from creditor, and the harm debtor has suffered, if any, as a result of creditor’s failure to provide appropriate monthly statements. Mont. LBR December 1, 2025