Official Bankruptcy Form 410S2: Postpetition Mortgage Fees, Filing, and Challenges

Bankruptcy Form 410S2 is the Notice of Postpetition Mortgage Fees, Expenses, and Charges that a mortgage creditor files in a Chapter 13 case to disclose fees added to the loan balance after the bankruptcy petition. It is filed as a supplement to the creditor’s proof of claim, served on the debtor, the debtor’s attorney, and the Chapter 13 trustee, and governed by Federal Rule of Bankruptcy Procedure 3002.1.¹²

What Form 410S2 Is and When It Applies

The form exists so that fees piling up during a three-to-five-year repayment plan get disclosed as they happen, instead of surfacing as a surprise balance at the end. It applies to any creditor holding a claim secured by the debtor’s principal residence when the Chapter 13 plan provides for the trustee or debtor to make payments on that debt.²

It does not apply to investment properties, commercial real estate, or vacation homes. The security has to be the home the debtor actually lives in. The rule’s requirements also stop if the court enters an order terminating or annulling the automatic stay as to the residence.² Reverse mortgages and home equity investment loans are covered whenever the plan provides for any payment on the debt.³

What Charges Go on the Form

Part 1 is an itemization table. The creditor lists every postpetition fee, expense, or charge it claims is recoverable, with the date each was incurred and the dollar amount. The form provides dedicated lines for the categories servicers encounter most often:¹

Late charges on postpetition payments received after the grace period
NSF fees for returned or dishonored payments
Attorney fees incurred in connection with the bankruptcy
Filing fees and court costs paid by the creditor
Bankruptcy and proof of claim fees
Appraisal or broker’s price opinion fees
Property inspection fees⁴
Tax advances made outside of escrow
Insurance advances made outside of escrow, including force-placed hazard insurance if the borrower’s coverage lapsed⁵
Property preservation expenses, such as winterization or securing a vacant home
Other, for anything that does not fit the categories above

What Does Not Belong on the Form

The instructions are explicit: do not include escrow account disbursements, and do not re-list anything already itemized in a previously filed notice.¹ Tax and insurance advances that ran through an existing escrow account are handled through the escrow accounting process. Only non-escrow advances belong on the tax and insurance lines. If the court previously approved a specific charge, note that approval in parentheses next to the date it was incurred.

Completing the Form

Download the current version of Form 410S2 from uscourts.gov. At the top, enter the debtor’s name, the case number, and the court where the case is pending. Then fill in three creditor-specific fields:¹

Name of creditor: the full legal name of the mortgage holder or servicer.
Court claim number: the number assigned when the proof of claim was filed. Leave blank if unknown.
Last four digits of the account number: only the last four digits are disclosed, for privacy.

In Part 1, enter each charge on its own line with the date incurred and the amount. Use the pre-printed category labels where they match and the “Other” line for anything that doesn’t. Every entry should correspond to a specific, identifiable event: a dated inspection, a particular tax payment, a legal filing. Vague or bundled charges invite objections.

Part 2 is the declaration. The person completing the form signs under penalty of perjury, prints their name and title, provides a mailing address and phone number, and checks a box indicating whether they are the creditor or the creditor’s authorized agent.¹ Because this is a sworn statement, check every dollar amount and date against internal records before signing.

When It Must Be Filed and Served

Rule 3002.1(c) requires the creditor to file and serve the notice within 180 days after the fee, expense, or charge is incurred.² The clock runs from the date each charge is incurred, not the date it is billed or batched. A property inspection on March 1 and an attorney fee on June 15 each carry their own 180-day window.

There is no reason to wait. Filing each new charge as it arises, or sweeping charges periodically, keeps everything inside the deadline. Grouping charges into a single late filing is where creditors get caught: if even one charge falls outside its window, the court can bar recovery of that amount.

The completed form is filed as a supplement to the existing proof of claim.¹ Most courts handle this through CM/ECF, which timestamps the filing and provides the creditor’s proof of meeting the 180-day deadline. After filing, serve copies on three parties:²

The debtor
The debtor’s attorney
The Chapter 13 trustee

Service on all three is mandatory. Filing a certificate of service with the form is standard practice. The trustee uses the notice to reconcile payment records, and the debtor’s attorney needs it to evaluate whether the charges are legitimate.

What Happens If a Creditor Doesn’t File on Time

Rule 3002.1(h) gives the court several tools when a creditor misses the deadline or ignores it entirely. After notice and a hearing, the court may:²

Bar the creditor from using the undisclosed information as evidence in any contested matter or adversary proceeding in the case, unless the failure was substantially justified or harmless
Order the creditor to pay reasonable expenses and attorney fees caused by the failure
Grant other appropriate relief

In practice, a creditor that sits on its charges and never files the notice can lose the ability to collect those charges at all.

How a Debtor Can Challenge the Charges

Receiving a Form 410S2 does not mean you owe the amounts listed. The debtor or the Chapter 13 trustee can file a motion asking the court to determine whether each claimed fee, expense, or charge is actually required by the mortgage agreement and applicable law. The motion must be filed within one year after the notice was served, unless the court sets a shorter deadline.²

The court looks at the underlying mortgage contract and state law to decide whether each charge is permitted. A property inspection fee that violates investor guidelines, an attorney fee above what the contract allows, a late charge applied despite timely payments: any of these can be struck. If the court finds a charge is not justified, the creditor cannot collect it. Judges can also award sanctions if a creditor repeatedly files inaccurate notices or acts in bad faith.

Share each notice with your bankruptcy attorney promptly. The one-year clock runs from the date of service, not the date you happen to spot a problem. Early review gives your attorney time to investigate and, if needed, file the motion well before the deadline.

How 410S2 Charges Get Reconciled at the End of the Case

Every notice filed during the case feeds into the final accounting when the debtor finishes the plan. Within 30 days after the debtor completes all plan payments, the trustee files and serves a Notice of Final Cure Payment (Form 4100N) stating that the prepetition default has been paid in full, with a payment history attached.⁶

The creditor has 21 days to respond with a statement indicating whether it agrees the default has been cured, whether all postpetition fees and escrow amounts have been paid, and whether the debtor is current as of the response date. If the creditor claims amounts are still owed, it must itemize them. Failing to respond within the 21-day window can expose the creditor to sanctions.⁶

If the response shows a disagreement, the debtor or trustee can file a motion within 21 days asking the court to determine whether the mortgage is fully current. The court holds a hearing and rules, so every Form 410S2 charge that was disclosed, or should have been disclosed, gets a final review before the case closes.⁷

1
United States Courts. Official Form 410S2 – Notice of Postpetition Mortgage Fees, Expenses, and Charges
2
Legal Information Institute. Rule 3002.1 Chapter 13 Claim Secured by a Security Interest in the Debtor’s Principal Residence
3
United States Bankruptcy Court for the District of Delaware. Guide to Major Changes to Bankruptcy Rule 3002.1
4
Consumer Financial Protection Bureau. Supervisory Highlights, Mortgage Servicing Edition
5
Consumer Financial Protection Bureau. Section 1024.37 Force-Placed Insurance
6
United States Courts. Notice of Final Cure Payment
7
Office of the Law Revision Counsel. Rule 3002.1 Notice Relating to Claims Secured by Security Interest in the Debtor’s Principal Residence