The Advisory Committee on Bankruptcy Rules has approved a new Director’s Form 4100S (Supplemental Proof of Claim for CARES Forbearance Claim). This new form is effective as of February 5, 2021, and will sunset on December 27, 2021.
Director’s Form 4100S addresses Section 1001(d) of Title X of the Consolidated Appropriations Act (CAA) (Pub. L. 116-260) which creates a new section 501(f) of the Bankruptcy Code. This new section permits an “eligible creditor” to file a supplemental proof of claim for a CARES Act forbearance in a Chapter 13 case. The CARES Act included a provision that allows borrowers experiencing a financial hardship directly or indirectly due to the COVID-19 pandemic to request a forbearance on their mortgages. This new Supplemental Proof of Claim addressing the referenced forbearance can be filed even if the claims bar date has passed. The revisions to sections 501, 502, and 1329 of the Bankruptcy Code will sunset one year from the date the CAA was enacted, or December 27, 2021. Thus, new Form 4100S will also be retired after that date.
A new docket event has been created for filing the new Director’s Form 4100S and can be found in CM/ECF under Bankruptcy > Claim Actions > Supplemental Proof of Claim for CARES Forbearance Claim.