Certification Of LMP Eligibility And Readiness {40}

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA In Re: : : Debtor : : : Movant : : v. : : : Respondent (if none, then "No Respondent") : Bankruptcy No. Chapter CERTIFICATION OF LMP ELIGIBILITY AND READINESS I. CERTIFICATION OF THE DEBTOR(S) [I _________ am / We __________ and _________ are] the [debtor / debtors] in this case and hereby certify that: 1. [I / We] will participate in the Court's Loss Mitigation Program (LMP) as set forth in W.PA.LBR 9020-1 through 9020-7 [in full cooperation with my / our undersigned counsel (if represented by an attorney)] in good faith. 2. [I / We] understand and agree to the ongoing obligation to promptly provide information and documentation that may be reasonably requested by the Creditor during the LMP process. 3. [I / We] will make (or cause to be made) adequate protection payments to [FULL NAME OF CREDITOR] in the amount of $ ________ each month during the LMP period, pursuant to W.PA.LBR 90203(f), unless and until otherwise ordered by the Court. 4. [I / We] understand that commencing the LMP is voluntary, and that [I am / we are] not required to enter into any agreement or settlement with any other party, and no other party is required to enter into any agreement or settlement with [me / us] as part of the LMP. 5. [I / We] understand that [I am / we are] not required to request dismissal of this case as part of any resolution or settlement that is offered or agreed to during the LMP. 6. [I / We] understand that if [I / we] do not fully comply with the requirements of the LMP, our participation in the LMP may be terminated. Date: ______________________ ___________________________________ Debtor _____________________________________ Joint Debtor (if any) Date: ______________________ PAWB Local Form 40 (04/14) Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com II. CERTIFICATION OF COUNSEL TO DEBTOR(S) I, [ATTORNEY NAME] represent [NAME(S) OF DEBTOR(S)] (my "Client(s)") in this case and hereby certify that: 1. I have discussed the details of the Court's Loss Mitigation Program (LMP) set forth in W.PA.LBR 9020-1 through 9020-7 with my Client(s). 2. I performed adequate due diligence to determine my Client's eligibility for the LMP. As part of this process, I obtained and reviewed all loan documentation from my Client and confirmed all pertinent details of the Eligible Loan, including but not limited to, the following: (i) the complete loan number; (ii) the original loan amount, origination date and maturity date; (iii) the principal balance and interest rate; (iv) monthly principal, interest and escrow payments; (v) the specific amount of any arrears; (vi) any applicable balloon payments or other conditions of repayment; and (vii) the details of any previous activities related to modification of the loan. I also confirmed that the debtor is named on the applicable loan documentation and I identified the complete name of the Creditor as registered on the Portal (to the extent the Creditor is registered on the Portal). 3. In light of my due diligence, I [am aware of no reasons why the commencement of the LMP in this case would be futile or otherwise contrary to reasonable expectations of a successful outcome.] OR [I have a colorable argument for LMP notwithstanding the following fact(s) which might hinder the pursuit of a successful outcome: [IF KNOWN, COUNSEL MUST SPECIFY THESE FACT(S), for example, the debtto-income ratio is outside of the standard range for loan modification, the loan was recently denied for modification, the loan is currently under a modification, and any similarly problematic facts]. I am moving for the commencement of the LMP because [FOR EACH OF THE AFOREMENTIONED FACTS, PROVIDE SPECIFIC REASONS WHY LMP IS SOUGHT IN GOOD FAITH]. 4. I have fully complied with the requirements set forth in W.PA.LBR 9020-2(b)(1), (2), and (3) and I am prepared to upload the required documents to the Portal upon entry of the Loss Mitigation Order. Date: _______________________ Signed: _________________________________________ ________________________________________________ Name of Attorney - Typed ________________________________________________ Postal Address of Attorney ________________________________________________ Email Address of Attorney ________________________________________________ Phone Number of Attorney ________________________________________________ Attorney's Bar I.D. and State of Admission PAWB Local Form 40 (04/14) Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com