Local Rule LBR 3007-1: Claims – Objections

LBR 3007-1. Claims – Objections

(a) Matter to be Set for Hearing. A party filing an objection to a claim must obtain a hearing date and time from the court.

(b) Form of Objection. Parties may object to a claim by filing an objection that substantially conforms to the local form (Objection to Claim). If the local form is not used, Official Form 420B (Notice of Objection to Claim) must be filed and served together with the objection. The objection must give not less than 30 days' notice of the deadline to respond.

(c) Deadline to Respond. A response is due 7 days before the scheduled hearing. If notice was sufficient and the claimant fails to file a timely response, the court may cancel the hearing and sustain the objection by default. In that event, the objecting party may request an order sustaining the objection by filing a declaration that substantially conforms to the local form (Declaration and Request for Entry of Order) and submitting to chambers a proposed order that substantially conforms to the local form (Order Sustaining Objection to Claim).

(d) Objection Requiring Adversary Proceeding. An objection to claim that includes a demand for relief of a kind specified in Bankruptcy Rule 7001 shall be converted to an adversary proceeding. Unless the court orders otherwise, the claimant will be considered the plaintiff and the objecting party will be considered the defendant.

(e) Attorney Fees. Any request for an award of attorney fees and costs for prosecuting or opposing an objection to claim requires a separate motion, filed and served in the manner provided for service of a summons and complaint by Bankruptcy Rule 7004 and LBR 7004-1.