1. Consolidated Appropriations Act (Pub. L. 116-260)
The Consolidated Appropriations Act (Pub. L. No. 116-260) created a new subsection (i) of Section 1328 of the Bankruptcy Code permitting a court, under certain circumstances related to the COVID-19 pandemic, to grant a Chapter 13 discharge even if the debtor is not current on no more than three residential mortgage payments. The debtor shall request this type of discharge by motion with notice of opportunity for hearing pursuant to Local Rule 9013-1(B). The new docket event Motions/Applications > Discharge Pursuant to Section 1328(i) shall be used to file this type of motion.
2. Local Form 4004-1 Certification and Request for Issuance of Discharge
The United States Bankruptcy Court for the Northern District of Oklahoma has revised Local Form 4004-1 Certification and Request for Issuance of Discharge. The form was revised to add a check box for a debtor who qualifies for relief under 11 U.S.C. § 1328(i) in accordance with the Consolidated Appropriations Act. The revised form is now available on the Local Forms page of the Court’s website at: https://www.oknb.uscourts.gov/forms/local-form-4004-1-certification-and-request-issuance-discharge.
3. Supplemental Proof of Claim for CARES Forbearance Claim (Form 4100S)
In response to the CARES and Consolidated Appropriations Acts, the Advisor y Committee on Bankruptcy Rules has approved a new Director’s Form 4100S (Supplemental Proof of Claim for CARES Forbearance Claim). The new form is available on the United States Courts’ website at: https://www.uscourts.gov/forms/bankruptcy-forms/supplemental-proof-claim-cares-forbearance-claim. The new docket event Claims > Claim Actions > Supplemental Proof of Claim for CARES Forbearance Claim shall be u sed by e-filers to file this new form. Creditors shall file this new form through the Court’s website using the File a Rule 3002.1 Claim Supplement (includes Payment Changes) link located on the For Creditors page.