Local Rule RULE 3007-1: Claim Objections
Bankr. E.D. La. — Civil rule
RULE 3007-1 Claim Objections Unless otherwise ordered by the presiding judge, the following procedures apply to all claim objections:
A. Claim objections may be noticed for hearing as contested matters pursuant to Local Rule 9013-1, subject to FRBP 3007(a). The court may convert the matter to an adversary proceeding.
B. A claim objection must attach a copy of the proof of claim and documentary evidence to support the objection.
C. Objections to secured claims must be made by separate motion when based on the value of the collateral or validity of a lien as to property of the estate. Objections to a lien must be supported with credible evidence as to value. Proposed plans of reorganization in chapters 12 and 13, may not include a challenge to the validity of a creditor's lien or the value of its collateral. Liens in chapters 12 and 13 will not be avoided based on lack of equity until the successful conclusion of the debtor's plan; however, upon separate objection, the debtor may obtain an order of the court treating the claim as unsecured or partially secured for distribution purposes pending completion of the case.
D. An unopposed claim objection may be granted without hearing if accompanied by an affidavit stating the material facts supporting the objection. If a hearing is required, counsel must present evidence in the form of affidavits, testimony, or authenticated documentary evidence to support the objection.
E. For opposed claim objections, the initial hearing will be treated as a status conference (without evidence) to set appropriate pretrial deadlines and a trial date.
F. No more than five (5) individual claim objections may be set for hearing in the same case on motion day. No evidence other than that originally attached to the objection will be taken on motion day.
G. Service of objections to claim filed as motions must be made in accordance with Local Rule 2002-1.