Monday, May 27, 2013, in observance of Memorial Day.
Local Rules
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NEW PROGRAM
MORTGAGE MODIFICATION MEDIATION
FOR CHAPTER 13 DEBTORS ONLY
The Mortgage Modification Mediation Program (MMM) is a program designed to help qualified Chapter 13 debtors keep their homes by modifying their mortgage to an affordable payment. To qualify, the debtor must have steady income and pay 31% of gross income or 75% of the current mortgage payment (whichever is less) while the mediation is pending. Requesting mediation will allow debtors and lenders to discuss whether modifying a mortgage loan is feasible. Debtors who are successful may lower their monthly payment amounts and keep their homes.
Mediation is an informal meeting conducted by a neutral mediator (selected at random from a list of qualified mediators) who acts as a discussion facilitator. The mediator cannot force a lender to modify the debtor’s mortgage but can help the parties reach an agreement. Mediation is simply a way for debtors and lenders to discuss whether modifying the mortgage is possible.
Qualified debtors who want to use MMM, should complete and file a Notice of Motion and Motion to Participate in Mortgage Modification Mediation Program. Click here for the required form of Motion. Effective June 15, 2012, Debtors and Mortgage Creditors will use the DMM Loss Mitigation Portal to upload documents and communicate about forms and information required for the mediation. Click here for a description of the DMM Loss Mitigation Portal and for information about how to register.
Note: The mediation fee is $400. Debtors and lenders will each need to pay one-half of the fee ($200 each) to the mediator before attending the scheduled mediation. The Debtor also pays $25 to use the DMM Loss Mitigation Portal.
After the Motion is filed, the lender will have the opportunity to consent or object to participation in MMM. Click here for a sample consent form (click here for consent form without DMM Portal requirement). After the consent is filed a Mortgage Modification Mediation Order will be uploaded by the Clerk. Click here for the required form of order (or here for a no-portal order).
Once all documents have been submitted to the creditor or uploaded to the DMM Portal, the debtor must submit a certification of readiness. The DMM form can be found here and the non-DMM form here.
Please read the all of the documents so you are familiar with the requirements. For a more detailed description of the program, please click here.
MINIMUM QUALIFICATIONS FOR THE
MORTGAGE MODIFICATION MEDIATION PROGRAM
Only Chapter 13 debtors can request mediation
Mediation limited to the debtor’s primary residence (investment properties do not qualify)
Debtor has steady income and can pay up to 31% of gross income or 75% of the debtor’s current mortgage payment (whichever is less) to the modified mortgage payment
Debtor and the lender must each pay half of a non-refundable $400 mediation fee ($200 each) to the appointed mediator before attending the scheduled mediation
Debtor pays $25 to use the DMM Loss Mitigation Portal to upload required documents and forms
In fond memory of Chapter 13 Trustee Lou Jones, please join the Lou Jones Breakfast Club. The club will meet monthly to discuss issues facing consumer debtors and creditors under BAPCPA.
Each meeting will be held the second Tuesday of each month from 8:30 to 9:30 a.m. in Room 190 in Milwaukee. You are welcome to participate via videoconference at the District Court in Green Bay, the District Court in Eau Claire, Trustee Tom King's office in Oshkosh and at the Law Offices of Godfrey & Kahn in Madison.
Information about upcoming topics and CLE credit is listed below.
If you have questions about the Lou Jones Breakfast Club, including CLE credit issues, please contact Paula Bartels: 414-290-2660 or This email address is being protected from spambots. You need JavaScript enabled to view it. .
Archived Outlines and Audio Recordings
If you have suggestions for topics, speakers, or to volunteer to present a topic, contact Attorney Ryan Blay.
UPCOMING SCHEDULE
Please Note: In the event of inclement weather, if the Milwaukee Public Schools are closed, the meeting will be canceled and rescheduled for a later date.
June 11, 2013 - John Pintar and Todd Koenig will present on Child Support and Domestic Support Obligation issues in Chapter 13.
More dates and topics to come...
The Eastern District of Wisconsin welcomes Janet L. Medlock as the newly appointed Clerk of the Bankruptcy Court. Janet previously held the position of Chief Deputy Clerk with the court. Her new appointment is effective January 31, 2011.