Local Rule 3012-1: DETERMINING THE AMOUNT OF SECURED CLAIMS.
Bankr. E.D. Tex. — General rule
Local Rule of Bankruptcy Procedure 3012-1. DETERMINING THE AMOUNT OF SECURED CLAIMS.
(a) Contents A motion to determine the amount of a secured claim under § 506(a), through the valuation of the collateral upon which such claim is based, must contain: (1) a title which: (A) identifies the holder of the lien or security interest upon the collateral sought to be valued; and (B) adequately describes the collateral sought to be valued Title Example: Motion for Valuation of Collateral of ABC Finance Corp. (2016 Ford Focus); (2) a proposed valuation amount for the referenced collateral that the motion seeks to impose; (3) an affidavit and/or other documentary proof in support of the motion that clearly identifies a credible, objective basis for the affiant's stated belief as to valuation of the referenced collateral; (4) the 21-day negative notice language described in LBR 9007(a); (5) a certificate of service reflecting service of the motion in accordance with LBR 9013(f), including 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 (6) be accompanied by a proposed order incorporating the title information from the pleading and otherwise substantially complying with TXEB Local Form 9007-a.
(b) Claim Procedures in Chapter 13 Cases The procedure for the determination of claims in Chapter 13 cases, including the establishment of a deadline for the filing of any motion for valuation of collateral to determine the amount of a secured claim in a Chapter 13 case, is governed by LBR 3015(g).