CARES Act Forbearance - BK Forms (SDNY & NDNY) - Schiller, Knapp, Lefkowitz & Hertzel, LLP
In response to the forbearance requirements of the CARES Act, the Bankruptcy Courts for the Southern District of New York (SDNY) and Northern District of New York (NDNY) have created the attached forms.Both jurisdictions require that any mortgage holder or servicer who enters into a forbearance with a debtor file the required Notice of Forbearance Form. The Notices provide basic information regarding the claim and forbearance.
The NDNY Notice of Forbearance Form states that the mortgage holder or servicer will work with the trustee, debtor and debtor's attorney during the forbearance period to reach an agreement as to the how the suspended payments will be repaid. If an agreement is not reached the mortgage holder or servicer, Debtor or Trustee may request a conference with the Court by using the Request for Forbearance Conference Form.
Similarly, the SDNY Notice of Forbearance Form states that during forbearance period and up to and including the time when the period ends the servicer will work with the Debtor, Debtor's attorney and trustee on how to address the suspended payments in the long-term.
Click here for the Request for Mortgage Forbearance Conference Form
Click here for the NDNY Form
Click here for the SDNY Form