Bankr. S.D. Fla. Local Rule 3002.1-1 — Chapter 13 – Claim Secured by a Security Interest in the Debtor’s Principal Residence: the court's own rule, verbatim from Amended and Restated Local Rules of Practice and Procedure for the United States Bankruptcy Court for the Southern District of Florida (Effective June 1, 2026), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. Bankruptcy Court for the Southern District of Florida alongside the Federal Rules of Bankruptcy Procedure and any judge-specific procedures.
(a) Prohibited Notices; Sanctions. A claim holder must not file a notice under Bankruptcy Rule 3002.1 after the requirements of Bankruptcy Rule 3002.1 cease. If a claim holder files a notice under Bankruptcy Rule 3002.1 after the requirements of Bankruptcy Rule 3002.1 cease, a debtor may move to strike the notice and for an award of reasonable expenses incurred in making the motion, including attorneys’ fees. (b) Mortgage Modification Mediation Program. If a debtor and a claim holder are participating in the MMM program, the following rules apply to a notice under Bankruptcy Rule 3002.1(b)(1) or (b)(2) while the MMM is pending: (1) the effective date of a notice of payment change is stayed; (2) the debtor is not required to file a motion under Bankruptcy Rule 3002.1(b)(4) to determine the change’s validity; (3) if the MMM results in a modification of the mortgage, the modification must resolve any notices of payment change filed during the pendency of the MMM; and (4) if the MMM does not result in a modification of the mortgage, the debtor will have until 14 days after the mediator issues a final report to file a motion under Bankruptcy Rule 3002.1(b)(4) to determine the validity of any payment change notice issued while the MMM was pending. (c) Statement of Intent With Respect to 3002.1 Notice. (1) Notice of Payment Change. After a claim holder files a notice of payment change under Bankruptcy Rule 3002.1(b)(1) or (b)(2), the debtor must – on or before the deadline to file a motion under Bankruptcy Rule 3002.1(b)(4) to determine the change’s validity – also file local form Debtor’s Statement of Intent With Respect to Rule 3002.1 Notice of Payment Change. (2) Notice of Fees, Expenses, and Charges. After a claim holder files a notice itemizing fees, expenses, and charges incurred after the case was filed under Bankruptcy Rule 3002.1(c), the debtor must – on or before the deadline to file a motion under Bankruptcy Rule 3002.1(e) to determine whether paying any claimed fee, expense, or charge is required by the underlying agreement and applicable nonbankruptcy law – also file local form Debtor’s Statement of Intent With Respect to Rule 3002.1 Notice of Fees, Expenses, and Charges.
(a) Prohibited Notices; Sanctions. A claim holder must not file a notice under Bankruptcy Rule 3002.1 after the requirements of Bankruptcy Rule 3002.1 cease. If a claim holder files a notice under Bankruptcy Rule 3002.1 after the requirements of Bankruptcy Rule 3002.1 cease, a de