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Objecting to a Claim

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Local Rule Number: 
Rule 3007-1
3000 Series

(a)      In General. An objection to claim must state:

(1)      the legal and factual basis for the objection;

(2)      the claim number;

(3)      the name of the claimant;

(4)      the date the proof of claim was filed;

(5)      the classification of the claim as secured, priority unsecured, or general unsecured; and

(6)      the recommended disposition of the objection.

(b)     Books and Records Objection. If an objection to claim is based on lack of support in the debtor’s books and records, the objection must also state that the objecting party made reasonable efforts to research the claim in the debtor’s financial records.

(c)      Negative Notice.

(1)      In General. An objection to claim may be filed and served on negative notice using local form Notice of Objection to Claim.

(2)      Exceptions. An objection to claim may not be filed and served on negative notice:

(A)      in a chapter 13 case; or

(B)      if the relief requested may affect the rights or property of an unrepresented debtor.

(d)     Proposed Order.

(1)      Contents. A proposed order on an objection to claim must recite in the body of the order:

(A)      the claim number;

(B)      the name of the claimant;

(C)      the date the proof of claim was filed;

(D)     the disposition of the objection;

(E)      whether the claim is allowed or disallowed;

(F)      if allowed, the allowed amount of the claim; and

(G)     the classification of the allowed claim as secured, priority unsecured, or general unsecured.

(2)      Submission After Expiration of Negative Notice Period. If no timely response has been filed to an objection to claim served on negative notice under this rule, the objecting party must upload a proposed order to CM/ECF no later than seven days after expiration of the negative notice period.