Local Rule 3007-1: OBJECTIONS TO CLAIMS

RULE 3007-1 OBJECTIONS TO CLAIMS

(A) Contents of Objection: All objections to claims shall state with particularity the grounds therefor and shall set forth the relief or order sought.

(B) How Objection Heard: A hearing on an objection to claim is not required unless the creditor files a response or requests a hearing. If the creditor serves and files a timely response in opposition or request for a hearing, it is the responsibility of the objecting party to set a hearing and give notice to the creditor of the hearing date, time, and location. The hearing date must be selected from the assigned Judge's hearing dates web page located on the Court's web site based upon the type of motion and applicable chapter of the bankruptcy case. The hearing date selected must be after the expiration of the response period set forth in paragraph (D) hereof and must allow for at least 14 days' notice of the hearing.

(C) Number of Copies: [Repealed]

(D) Requirement of Written Response: A creditor served with an objection to claim may file and serve on the objecting party, a response thereto within 30 days of service. If no response in opposition is filed, the court may treat the objection as conceded, and may enter an order without holding a hearing disallowing the claim in whole or part as set forth in the objection to claim.

(E) Notice: Each objection to claim, whether set to request a hearing or accompanied by notice of opportunity for hearing, shall contain or be accompanied by the following notice substantially in accordance with Official Form 420B, "NOTICE OF OBJECTION TO CLAIM", and also providing notice to the creditor in substantially the following form, using bold print and capitalized text:

NOTICE UNDER LOCAL BANKRUPTCY RULE 3007-1, UNLESS A WRITTEN RESPONSE IN OPPOSITION AND A REQUEST FOR HEARING ON THIS OBJECTION ARE FILED WITH THE CLERK OF THE COURT AND SERVED ON THE OBJECTING PARTY AND THE TRUSTEE WITHIN 30 DAYS OF THE SERVICE OF THIS OBJECTION, THE COURT MAY DEEM ANY OPPOSITION WAIVED, TREAT THE OBJECTION AS CONCEDED, AND ENTER AN ORDER GRANTING THE REQUESTED RELIEF WITHOUT A HEARING.

Comments The addition of this rule was made to clarify the procedures with regard to objections to claims. Given that FRBP 3007 expressly deals with objections to claims, the decision was made to add this rule and amend LBR 9013-1 as required. In addition, it notes the use of the Official Form 20B that was approved by the Judicial Conference at its September 1997 meeting with the mandatory implementation date of March 1, 1998.

3007-1 Paragraph (C) is repealed in light of Local Bankruptcy Rule 5005-2, which mandates electronic case filings in the Court's Case Management/Electronic Case Files (CM/ECF) System and authorizes the Clerk to promulgate and revise the Court's Electronic Case Files (CM/ECF) Policy. In addition, time-computation adjustments have been made, as needed, to conform to a revision to the Federal Rules of Bankruptcy Procedure that takes effect December 1, 2009. Stylistic changes have been made to the text of the LBR as well. [Repeal and changes effective 12/01/09.]

3007-1(E) The current form is replaced with new Official Form 420B, which includes stylistic changes. The form also is amended to change the phrase "mail" to "send" to reflect the fact that there are various methods of providing documents to other parties. [Changes effective 12/1/16.]

3007-1(B) The amendments to this rule clarify that a hearing is not required on a claim objection absent a response in opposition or request for hearing being filed by the creditor and to further provide that the objecting party must select a hearing date and schedule same in such event. [Changes effective 08/01/23.]

3007-1(D) This paragraph is amended to remove the alternate response deadlines and includes stylistic changes to conform to paragraph (B) of the rule. [Changes effective 08/01/23.]

3007-1(E) This paragraph is amended to require the notice language be provided in conspicuous typeface. [Change effective 08/01/23.]