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Objections to Claims

Local Rule Number: 
Rule 3007-1
3000 Series

(A)       Service.  A party filing an objection to claim shall serve a copy of the objection on (1) the claimant at the claimant’s address of record or, if the claim has been transferred, at the transferee’s address of record, and on (2) any attorney of record in the bankruptcy case for the claim holder.  If the claim holder is the United States, service shall also be made as prescribed by Bankruptcy Rule 7004(b)(4).

[Comment: See Local Rule 3001-1(C) (transferred claim).]

(B)       Deadline for Filing Objections.

(1)        Chapter 11 Cases.  Except as otherwise ordered by the court, in a chapter 11 case, objections to claims must be filed not later than the deadline set in the orders required to be served in standard or small business cases under Local Rules 3017-1 and 3017-2.

(2)        Chapter 13 Cases – Objections.  Objections to claims in chapter 13 cases which are filed and served on the claimant and the debtor at least 14 days prior to the confirmation hearing shall be designated as “timely pre-confirmation objections”.  “Timely pre-confirmation objections” shall be heard at the confirmation hearing and the provisions of subdivisions (C) and (D) of this rule, including the 30 day notice requirement, shall not apply.  Objections filed pursuant to this rule must comply with Bankruptcy Rule 3007, and must substantially conform to the Local Form “Objection to Claim on Shortened Notice”.  Notwithstanding the requirements of Bankruptcy Rule 3007, up to five objections to claim may be included in one pleading, excluding any objections to a claim for which a motion to value collateral has been filed.  Objections to claims filed less than 14 days before the confirmation hearing or filed after a plan is confirmed, shall require at least 30 days notice and be filed in accordance with the provisions of subdivisions (A), (C), (D) and (E) of this rule.

(C)       Content of Objections.  Objections to claims, other than those filed pursuant to subdivision (B)(2) of this rule, must comply with Bankruptcy Rule 3007, and must conform substantially to the Local Form “Objection to Claim”.  A certificate of service shall be filed in accordance with Local Rule 2002-1(F).  Notwithstanding the requirements of Bankruptcy Rule 3007, up to five objections to claim may be included in one pleading.

(D)       Relief Without Hearing; Hearings.

(1)        If no written response contesting the objection is filed within 30 days after the date of service, the failure to respond shall be deemed a consent by the affected claimant and the court may grant the relief requested by the objecting party without hearing.

(2)        It shall be the responsibility of the objecting party, after the claimant’s time to respond has expired, to submit, as appropriate, either or both:

(a)        the Local Form “Certificate of Contested Matter”, regarding claimants who contested the objection;

(b)       the Local Form “Order Sustaining Objection to Claims” regarding claimants who did not contest the objection.

(E)        Orders.  Proposed orders on objections to claims shall recite in the body:

(1)        the claim holder’s name and claim number;

(2)        whether the objection to the claim is sustained or overruled;

(3)        whether the claim is allowed or disallowed; and

(4)        the allowed amount and priority, if any, of the allowed claim.

[Comment: See also Local Rule 3015-3(A)(4) Chapter 13 valuation of collateral securing claims – Treatment of Unsecured Portion of Collateralized Obligation.]

☞2015 Amendment: Amended to eliminate requirement to file certification if no response or settlement and to improve format.