In re Fitch

MEMORANDUM OF DECISION

Michael A. Fagone, United States Bankruptcy Judge, District of Maine

Howard W. Fitch and Davene J. Fitch have asked the Court for an order determining that their mortgage loan obligations are current. Because Rule 3002.1 of the Federal Rules of Bankruptcy Procedure is applicable to the mortgagee’s claim and because the Debtors have not followed the procedure set forth in that rule, their motion will be denied.

I. Background

Howard and Davene Fitch (the “Debtors ”) commenced this chapter 13 case on December 29, 2010. At that time, and continuing thereafter, the Debtors’…