what is bk attorney cure response

by Laney Spinka 9 min read

The response is filed to provide a statement indicating: 1) whether the creditor agrees that the debtor has paid the full amount required to cure the default, and 2) whether the debtor is otherwise current on all payments. The response should be linked as a supplement to a Proof of Claim ("POC") that has been filed for the creditor.

Full Answer

What is a response to Notice of Final Cure payment?

The response is filed to provide a statement indicating: 1) whether the creditor agrees that the debtor has paid the full amount required to cure the default, and 2) whether the debtor is otherwise current on all payments.

What's a cure payment?

Cure Payment means the payment of Cash or the distribution of other property (as the parties may agree or the Bankruptcy Court may order) that is necessary to cure any and all defaults under an executory contract or unexpired lease so that such contract or lease may be assumed, or assumed and assigned, pursuant to ...

What is form 4100R?

Form 4100R. Response to Notice of Final Cure Payment. 10/15. According to Bankruptcy Rule 3002.1(g), the creditor responds to the trustee's notice of final cure payment.

What does a right to cure letter mean?

The notice must tell you that you are in default and that you have 30 days to cure the default. The Right to Cure Notice says that if you do not get caught up on your payments, “cure your default,” the bank can begin foreclosure proceedings to take your house.

What does cure a default mean?

A “default” is a failure to comply with a provision in the lease. “Curing” or “remedying” the default means correcting the failure or omission. A common example is a failure to pay the rent on time.