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Loss Mitigation

The loss mitigation program and procedures are available in cases assigned to Chief Judge Craig, and Judges Stong, Grossman, Lord and Scarcella. Loss Mitigation Program Procedures are set forth in General Order No. 582.

Effective December 3, 2018, in all individual cases assigned to Judge Grossman, motions shall be required for all requests by debtors to enter into the Court’s loss mitigation program as follows:

The debtor shall: (a) serve the application upon the Office of the United States Trustee, the Chapter trustee and the mortgagee, in compliance with the Court’s loss mitigation procedures, (b) provide for 17 days’ notice, and (c) obtain a hearing date via the Court’s website.

The application shall: (a) include (i) the address of the subject property, (ii) the name of the mortgagee and (iii) the last 4 digits of the loan number, (b) include sufficient information to demonstrate that the debtor has a likelihood of succeeding in loss mitigation, (c) state whether the debtor has been denied loss mitigation option(s) within the year prior to the current request, and (d) if the debtor has been denied loss mitigation option(s) within the year prior to the current request, explain what circumstances have changed since the prior denial.

A motion for relief from the automatic stay pursuant to Bankruptcy Code §362 filed by the mortgagee shall be adjourned to the date of the hearing on the debtor’s loss mitigation motion.