Local Rule 3007-1: OBJECTIONS TO CLAIMS.

Local Rule of Bankruptcy Procedure 3007-1. OBJECTIONS TO CLAIMS.

(a) Contents A claims objection must comply with the requirements of LBR 9013 and must contain the following: (1) a copy of the proof of claim (without exhibits) to which the objection pertains; (2) an affidavit and/or other documentary proof in support of the objection which is sufficient to overcome the presumption of validity imposed by Fed. R. Bankr. P. 3001(f) and, if pertaining to the valuation of collateral, a clear identification of the basis of any valuation opinion asserted; (3) a certificate of service evidencing service of the claims objection upon the person most recently designated on the claimant's proof of claim as the person to receive notices, at the notice address indicated thereon, and upon all other parties entitled to notice under other applicable service rules; and (4) a proposed order substantially conforming to TXEB Local Form 3007.

(b) Hearings A party filing an objection to claim, other than an objection for which the filing of an adversary proceeding is required, may elect to utilize the following 30-day negative notice language which must be located in the objection text — preferably on the initial page:

30-DAY NEGATIVE NOTICE – LBR 3007(b):

ATTENTION: YOUR CLAIM MAY BE REDUCED, MODIFIED, OR ELIMINATED. Accordingly, you should read this pleading carefully and discuss it with your attorney, if you have one in this bankruptcy case. If you do not wish for the Court to eliminate or change your claim, you must file a written response opposing the claim objection, explaining the factual and/or legal basis for that response.

No hearing will be conducted on this claim objection unless a written response in opposition is filed with the Clerk of the United States Bankruptcy Court and served upon the party filing this pleading WITHIN THIRTY (30) DAYS FROM THE DATE OF SERVICE listed in the certificate of service unless the Court shortens or extends the time for filing such response. If no response in opposition is timely served and filed, this claim objection shall be deemed to be unopposed, and the Court may enter an order sustaining the objection to your claim. If a response in opposition is filed and served in a timely manner, the Court will thereafter set a hearing with appropriate notice. If you fail to appear at the hearing, your response in opposition may be stricken. The Court reserves the right to set a hearing on any matter.

If the objection meets the requirements mandated by subsection (a) of this rule and no response in opposition to the claim objection is timely filed under the terms of the negative notice provided, the objection may be sustained by the Court without further notice or hearing. If a response to the claim objection is timely filed, the claim objection shall be set for hearing on not less than 30 days' notice. If a claim objection does not contain negative notice language, then the claim objection shall immediately be set for hearing on not less than 30 days' notice.

(c) Omnibus Claim Objections Prohibited Except as authorized by Fed. R. Bankr. P. 3007 or unless otherwise authorized by the Court, omnibus claim objections to groups of claims are not allowed. Each claims objection must deal with one specific claim.

(d) Claim Procedures in Chapter 13 Cases The procedure for adjudication of claims in Chapter 13 cases, including the establishment of a bar date for the filing of claim objections in Chapter 13 cases, is governed by LBR 3015(g).