Guide to Major Changes to Mortgage Servicing Bankruptcy Rule

This resource is written for advocates. Homeowners should reach out to an attorney to find out if this information applies to their situation before acting on anything in this article.

Consumer bankruptcy practitioners and those representing homeowners should take special note of important new consumer bankruptcy rule changes going into effect on December 1, 2025. A bankruptcy chapter 13 plan is one of the most effective ways to stop a foreclosure and keep struggling homeowners current on their mortgages, and the new changes offer homeowners significant new rights in protecting their home in a chapter 13 bankruptcy. 

• Old Bankruptcy Rule 3002.1 in a Nutshell
• The New Changes Broaden the Rule’s Coverage to Additional Mortgage Transactions
• A New Procedure for Notice of HELOC Payment Changes 
• Homeowners Not Liable for Increases in Monthly Payments Until Proper Notice
• Homeowners Can Now Determine Mortgage Claim Status at Any Time 
• Trustee’s End-of-Case Notice of Disbursements Made
• Creditor Response to Trustee’s Notice of Disbursements Made
• Revised Procedure for Court Determination of a Final Cure
• Extent of Court Actions Responding to Rule Violations