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New Rules and Forms, Effective December 1, 2025

Thursday, September 25, 2025

On December 1, 2025, changes to the The Federal Rules of Bankruptcy Procedure (FRBP) will go into effect.  In addition to the rule changes, there will be several new official forms that must be used.  The changes are:

1.  FRBP 3002.1. Mortgage claim status during a chapter 13.  Several new provisions are added and the process of verifying and objecting to post-petition default status will require the use of the new official forms listed below.

  • Official Form 410C13-M1 (Motion Under Rule 3002.1(f)(1) to Determine the Status of the Mortgage Claim)
  • Official Form 410C13-M1R (Response to [Trustee’s/Debtor’s] Motion Under Rule 3002.1(f)(1) to Determine the Status of the Mortgage Claim)
  • Official Form 410C13-N (Trustee’s Notice of Payments Made)
  • Official Form 410C13-NR (Response to Trustee’s Notice of Payments Made)
  • Official Form 410C13-M2 (Motion Under Rule 3002.1(g)(4) to Determine Final Cure and Payment of Mortgage Claim)
  • Official Form 410C13-M2R (Response to [Trustee’s/Debtor’s] Motion Under Rule 3002.1(g)(4) to Determine Final Cure and Payment of the Mortgage Claim)

2.  FRBP 8006.  Revised to clarify any party may file a request to the court of appeals to authorize a direct appeal.

Other relevant changes to bankruptcy practice can be found in Federal Rules of Appellate Procedure 6 (post-judgement motions that can reset time to appeal) and 39.  Federal Rule of Civil Procedure (FRCP) 16 is changing to be consistent with the changes to FRCP 26.  There will be a new FRCP 16.1 for multi-district litigation.  Finally, FRCP 26 requires parties to address timing and methods for complying with the requirement of describing materials withheld on the grounds of privilege or as trial-preparation materials.