Local Rule RULE 3007-1: OBJECTIONS TO CLAIMS

RULE 3007-1. OBJECTIONS TO CLAIMS

(a) (a) A party who filesobjecting to a proof of claim, including an omnibus objection where permitted by Fed. R. Bankr. P. 3007, shall attach a notice to the allowance of any proof of claimobjection filed with the Court which conforms substantially to Official Form 420B. In the objection, such party shall state in the objection, with particularity, the factual and legal grounds for the objection, and shall make a recommendation to the Court as to whether the claim should be disallowed or allowed in an amount or with a priority other than as filed. Subject to the provisions of Fed. R. Bankr. P. 3007, a party may file objections to up to 100 claims in any one pleading. The provisions of this Rule shall apply to single as well as multiple objections to claims.

(b) (b) Upon the filing of an objection, in a case other than chapter 13, the Court shallmay issue a notice setting the deadline for filing responses and a hearing date. The objection need not be served initially. The Clerk shall transmit the notice to the objecting party who shall then serve the notice and a copy of the objection upon the claimant at the address noted on the proof of claim or any subsequent address provided to the Court by the claimant and upon the following:The objecting party shall then complete Official Form 420B by inserting the deadline for responses and hearing date and serve the objection and completed Official Form 420B upon the claimant in accordance with Fed. R. Bankr. P. 3007. The objecting party shall also cause the objection and completed Official Form 420B to be served upon the debtor and the debtor's attorney, if any, the United States trustee, and all attorneys and parties who have filed an appearance in the case. The objecting party shall file with the Court a certificate of service and a copy of the completed Official Form 420B as served.

(1) the debtor and debtor's counsel; (2) the United States trustee; and (3) all attorneys who have filed an appearance in the case.

The objecting party shall file with the Court a certificate of service with respect to the notice.

(c) (c) If a claimant contests an objection to claim, the claimant shall file with the Clerk a written response to the objection, which response shallstate with particularity why the objection to the claim should be overruled. The response shall be served on the party objecting to the claim and any other party entitled to notice of the response. In addition, at the time of the service of the response, the claimant should also serve on the party objecting to the claim documentation in support of the allowance of the claim not already appended to the claim. A claimant who does not file a timely response to a properly served objection to claim willmay be deemed to have agreed that the objection to claim may be sustained. The Court, in its discretion, may cancel the hearing on any properly served objection to claim to which a timely response has not been filed and may sustain the objection to claim without further notice or hearing.

(d) A party in interest shall not include a demand for relief of a kind specified in Fed. IfR. Bankr. P. 7001 in an objection to the allowance of a claim, but an objection to the allowance of a claim may be included in an adversary proceeding.

(d) (e) In the event of one or more timely responses to objections to claims, within fourteen (14) days after the deadline for responses, and at least are filed, then no later than two (2) days prior to the hearing on objections to claims, the party filing the objection(s)objections to claims shall file a ""Report and Hearing Agenda",", setting forth 1):

(1) a list of the objections to claims to which no timely responses were filed and the objecting party'sparty's recommendations with respect to those claims;

(2) 2) a report on the settlement of any objections to claims;

(3) 3) the status of any objection to claim to which a timely response was filed and which remains unresolved;

(4) 4) whether the objection is likely to be resolved; and

(5) 5) the objecting party'sparty's recommendation for further proceedings on the objection to claim.

(d) (e) If a creditor timely files a response to an objection to claim, the initial hearing on the objection shall be a preliminary nonevidentiary hearing, at which the parties shall appear and be prepared to discuss the need for an evidentiary hearing, discovery, scheduling, and settlement. efforts.

(f) Within seven (7) days after the Court's action on any objections to claims, the objecting party shall submit a proposed order on the objection(s) to claims.