Navigating the complexities of bankruptcy proceedings often involves precise documentation and communication between creditors and debtors. The Form 4100R plays a crucial role in this intricate dance, serving as a response to the trustee’s notice of final cure payment in the context of a bankruptcy case. Essentially, it allows creditors to articulate whether debtors are up to date with their mortgage payments, both before and after filing for bankruptcy. This form comprehensively covers several critical aspects: it identifies the case and involved parties, addresses prepetition default payments, outlines postpetition mortgage payments, includes an itemized payment history if discrepancies are reported, and concludes with a mandatory section for creditor signature, certifying the accuracy of the information provided. Through sections dedicated to mortgage information, potential disagreements on payment statuses, and the requirement for detailed payment histories in cases of dispute, Form 4100R bridges the communication gap between creditors and the bankruptcy court, ensuring all parties are aligned on the debtor’s payment status and remaining balances. Significantly, it stipulates the creditor’s assertion whether the debtor(s) have fulfilled their obligations related to prepetition defaults and are current with postpetition payments, encompassing fees, charges, and any additional costs or escrow. This structured approach facilitates a smoother resolution process by providing a clear framework for creditors to report and substantiate their claims regarding the financial obligations of the debtor, thereby streamlining the bankruptcy proceedings and aiding in the protection of all involved parties’ rights.
| Question | Answer |
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| Form Name | Form 4100R |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | form 4100r, notice final cure, form notice final, bankruptcy form 4100r |
10/15
Court claim no. (if known):
_________________
Creditor agrees that the debtor(s) have paid in full the amount required to cure the prepetition default
on the creditor’s claim. |
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Creditor disagrees that the debtor(s) have paid in full the amount required to cure the prepetition default |
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on the creditor’s claim. Creditor asserts that the total prepetition amount remaining unpaid as of the date |
$ __________ |
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of this response is: |
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Creditor states that the debtor(s) are current with all postpetition payments consistent with § 1322(b)(5) of the Bankruptcy Code, including all fees, charges, expenses, escrow, and costs.
____/_____/______
MM / DD / YYYY
Creditor states that the debtor(s) are not current on all postpetition payments consistent with § 1322(b)(5) of the Bankruptcy Code, including all fees, charges, expenses, escrow, and costs.
Creditor asserts that the total amount remaining unpaid as of the date of this response is:
a.Total postpetition ongoing payments due:
b.Total fees, charges, expenses, escrow, and costs outstanding:
c.Total. Add lines a and b.
Creditor asserts that the debtor(s) are contractually |
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obligated for the postpetition payment(s) that first became |
____/_____/______ |
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due on: |
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MM / DD / YYYY |
(a)$ __________
+(b) $ __________
(c)$ __________
Form 4100R |
Response to Notice of Final Cure Payment |
page 1 |
Debtor 1 |
_______________________________________________________ |
Case number (if known) _____________________________________ |
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First Name |
Middle Name |
Last Name |
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Part 4: Itemized Payment History
If the creditor disagrees in Part 2 that the prepetition arrearage has been paid in full or states in Part 3 that the debtor(s) are not current with all postpetition payments, including all fees, charges, expenses, escrow, and costs, the creditor must attach an itemized payment history disclosing the following amounts from the date of the bankruptcy filing through the date of this response:
all payments received;
all fees, costs, escrow, and expenses assessed to the mortgage; and
all amounts the creditor contends remain unpaid.
Part 5: Sign Here
The person completing this response must sign it. The response must be filed as a supplement to the creditor’s proof of claim.
Check the appropriate box::
I am the creditor.
I am the creditor’s authorized agent.
I declare under penalty of perjury that the information provided in this response is true and correct to the best of my knowledge, information, and reasonable belief.
Sign and print your name and your title, if any, and state your address and telephone number if different from the notice address listed on the proof of claim to which this response applies.
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Date |
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Signature |
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_________________________________________________________ |
Title |
___________________________________ |
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First Name |
Middle Name |
Last Name |
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Company |
_________________________________________________________ |
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If different from the notice address listed on the proof of claim to which this response applies:
Address |
_________________________________________________________ |
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Number |
Street |
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___________________________________________________ |
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City |
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State |
ZIP Code |
Contact phone |
(______) _____– _________ |
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Email ________________________ |
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Form 4100R |
Response to Notice of Final Cure Payment |
page 2 |