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Determining the Amount of a Secured or Priority Claim

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Local Rule Number: 
Rule 3012-1
3000 Series

(a)      Chapter 13 Requirements. A debtor seeking to determine the amount of a secured claim in a chapter 13 case must file a separate motion.

(1)      Claim Secured by Real Property. A motion to determine the amount of a claim secured by real property in a chapter 13 case must use local form Motion to Value Collateral and Determine the Amount of a Claim Secured by a Lien on Real Property.

(2)      Claim Secured by Personal Property. A motion to determine the amount of a claim secured by personal property in a chapter 13 case must use local form Motion to Value Collateral and Determine the Amount of a Claim Secured by a Lien on Personal Property.

(3)      Objection to Claim. If a debtor also objects to a proof of claim filed by the creditor as to which the debtor seeks to determine the amount of its secured claim, the debtor must file a separate objection to claim before or when the debtor files a motion to determine the amount of the secured claim. If no separate objection to claim is filed and if a motion to determine the amount of a secured claim is granted, the resulting unsecured portion of the claim will be allowed under § 502(a) as a general unsecured claim.

(b)     Procedure.

(1)      Time to File. A motion to determine the amount of a secured claim must be filed and served at least 21 days before the hearing on the motion.

(2)      Objection. An objection to a motion to determine the amount of a secured claim is timely if filed at least two business days before the hearing on the motion.