Local Rule 3007-1: CLAIMS-OBJECTIONS
Bankr. D. Guam — General rule
BANKRUPTCY LOCAL RULE 3007-1 CLAIMS-OBJECTIONS CLAIMS-OBJECTIONS
(a) Notice of Bar Date to Respond to Objection. The party filing an objection to a proof of claim that is not asserted as part of an adversary proceeding shall give notice: (1) that the claimant has 14 days from service of the objection to file and serve a response to the objection; and, (2) that if a timely response is not filed and served, the objection may be sustained by the court without further notice or hearing.
(b) Form of Objection. Parties must employ a form that substantially conforms to the applicable local form (Objection to Claim; Notice of Hearing [GUB 3007-1]).
(c) Order Sustaining Objection. If a timely response is not filed and served by the claimant, the objecting party may lodge an order with the court sustaining the objection.
(d) Hearing. If the claimant timely files and serves a response to the objection, the objecting party must obtain a hearing date, serve notice on the claimant and file a certificate of service. The hearing date must be no earlier than 44 days after notice of objection to the proof of claim has been filed and served on the claimant.
(e) Additional Requirements in Chapter 7 and 13 Cases. In chapter 7 and 13 cases, the following additional rules apply:
(1) The objection must state a specific basis for disallowing the claim under Bankruptcy Code § 502;
(2) The caption of the objection, any notice served in regard to the objection, and any order entered in regard to the objection must state the name of the claimant and the claim number of the disputed claim as set forth in the official claims register maintained by the court; and,
(3) The objection may incorporate the certificate of service of the objection.
(f) Payments on Claim. Pending resolution, the chapter 13 trustee will make payments on only the uncontroverted portion of the claim subject to an objection, until such time as the court orders otherwise.
(g) Objection Requiring Adversary Proceeding. An objection to a claim that includes a demand for relief of a kind specified in FRBP 7001 may not proceed under the procedures described in this rule. Such an objection requires the filing of a complaint to commence an adversary proceeding.
BKLR 3007-1 Related Local Form: • Objection to Claim; Notice of Hearing [GUB 3007-1]