Friday, March 12, 2021
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Please be advised that pursuant to the Consolidated Appropriations Act (CAA), the Advisory Committee on Bankruptcy Rules has approved a new Director’s Form 4100S (Supplemental Proof of Claim for CARES Forbearance Claim) which is available on the Court’s website.
Director’s Form 4100S addresses Section 1001(d) of Title X of the Consolidated Appropriations Act (CAA) (Pub. L. 116-260) which creates a new section 501(f) of the Bankruptcy Code. This new section permits an “eligible creditor” to file a supplemental proof of claim for a CARES Act forbearance in a Chapter 13 case. As you are aware, the CARES Act included a provision that allows borrowers experiencing a financial hardship directly or indirectly due to the COVID-19 pandemic to request a forbearance on their mortgages. This new Supplemental Proof of Claim addressing the referenced forbearance can be filed even if the claims bar date has passed. The revisions to sections 501, 502, and 1329 of the Bankruptcy Code will sunset one year from the date the CAA was enacted, or December 27, 2021. Thus, new Form 4100S will also be retired after that date.
To assist with implementing this new Director’s form, a new CM/ECF event has been created. The event “Supplemental Proof of Claim for CARES Forbearance Claim” will be available in the Claims Action category. The functions of this event will be similar to the filing of a Rule 3002.1 claim supplement. The event will not assign a document number, rather, it will assign “doc” and it will be available on both the Docket Report and the Claims Register (History section of the related claim). The filer will be prompted to relate the Supplemental Proof of Claim for CARES Forbearance Claim to an existing claim from the claims register, and a Notice of Electronic Filing (NEF) will be generated upon completion of the filing. This “doc” will always display on the Docket Sheet; even if the user unchecks the option to include Rule 3002.1 Claim Supplements.
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