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Motion to Determine the Status of the Mortgage Claim
Last Updated: December 1, 2025

11 U.S.C.
Fed. R. Bank. P. 3002.1(f)(1)

Event: Bankruptcy > Motions/Applications > Determine the Status of the Mortgage Claim

The Motion to Determine the Status of the Mortgage Claim can be filed in a Chapter 13 to seek a court determination of the status of the claim. It may be filed by the Trustee or the Debtor at any time after the filing of the petition until the trustee files the end-of-case Trustee's Notice of Disbursements

Filing Requirements:

  • Motion to Determine the Status of the Mortgage Claim (Official Form 410C13-M1)

  • Notice of Motion: to be served on the debtor, the debtor's attorney and the claim holder, if the trustee files the motion; and on the Trustee and claim holder if the debtor filed the motion.

  • Within 28 days of service of the Motion to Determine the Status of the Mortgage Claim, the claim holder must file a response (using Official Form 410C13-M1R) if the claim holder disagrees with facts set forth in the motion. The response must be served on the individuals listed above.

  • Proof of Service

  • Proposed Order (may be filed after the last day to file a response has passed)

A hearing will be scheduled to determine the status of the claim and enter an appropriate order.

OBJECTION Filed:

If the claim holder's response asserts a disagreement with facts set forth in the motion, a hearing will be scheduled to determine the status of the claim and enter an appropriate order.

NO RESPONSE / NO OBJECTION Filed:

If the claim holder does not respond to the motion or files a response agreeing with the facts set forth in it, the court may grant the motion based on those facts and enter an appropriate order.

To File Electronically:

  1. Log into CM/ECF.

  2. Select [Bankruptcy >  Motions/Applications].

  3. Enter the case number (e.g, xx-xxxxx).

  4. Select [Determine the Status of the Mortgage (Rule 3002.1)] from the event list.

  5. Select the party filer.

  6. Browse to select the Motion (.pdf file).

    Note:  The Motion and Proof of Service may be a single PDF; or the Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF.

  7. Modify the text as appropriate.

  8. Verify the final docket text; if correct, click [Next] to submit your document(s).

    Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

UPDATES:

12/1/2025 Page Origination.