Local Rule 3007-1: OBJECTIONS TO CLAIMS

RULE 3007-1 OBJECTIONS TO CLAIMS

(a) Form of the Objection. Any objection to a proof of claim should state with specificity the factual and legal basis for the disallowance, bifurcation, or reclassification of the claim. Failure to state sufficient grounds to overcome the presumption of allowance of § 502(a) may result in a denial of the objection even in the absence of a response by the claimant.

(b) Service of the Objection. Service of the objection shall be made on the claimant in the manner proscribed by Fed. R. Bankr. P. 3007.

(c) Notice of Hearing on Objection to Claim. A party objecting to a claim must provide notice of the objection, the deadline to respond to the objection, and the time and place of the hearing on the objection in accordance with Local Rule 9013-1(d), Fed. R. Bankr. P. 3007, and Official Form 20B (Notice of Objection to Claim). The hearing must be set out with sufficient time for a response and a reply to be timely filed as provided below. A notice required by this rule may include a statement that the objection may be granted without a hearing unless a response is timely filed.

(d) Response to Objection to Claim. A response to an objection to a claim must be filed and served within 30 days after notice of the claim objection is served. The objecting party may file a reply to the response within the appropriate deadline, which in no case should be less than 4 days before the date set for the hearing. If a response is not timely filed, the court may sustain the objection without a hearing pursuant to Local Rule 9013-1(f).