Amended Bankruptcy Rules Will Impact New Jersey Community Associations
A recent amendment, effective August 1, 2005, to the local rules (New Jersey) of bankruptcy procedure impacts community associations. Local rule 3015-6 (PDF), as amended, provides that a filed proof of claim to a debtor's chapter 13 plan of reorganization is an objection to the confirmation of that plan if the amount of the proof of claim is greater than the amount provided for in the plan. For the objection to be effective, the association must file a proof of claim and serve the filed proof of claim on the debtor, debtor's attorney, chapter 13 trustee, and any party in interest at least seven (7) days prior to the confirmation hearing set forth in the Notice of Hearing and Confirmation or Notice of Modification of the Chapter 13 Plan. Note though that an association's filed proof of claim does not object to anything other than the amount provided for in the debtor's plan. Further, the local rule is ambiguous as to whether the proof of claim would be an objection if the debtor fails to list the association in the plan of reorganization
