Local Rule 3007-1: Claims - Objections

Rule 3007-1 Claims - Objections

(a) Objection

(1) An objection to the allowance of a claim shall identify the claimant by name and clerk's docket number and shall include an affidavit or unsworn declaration under penalty of perjury that clearly sets forth the basis of the objection sufficient to overcome the prima facie effect of the proof of claim pursuant to FRBP 3001(f).

(2) If the objection requires the determination of the value of a claim secured by a lien on property in which the estate has an interest, the objecting party shall also comply with LBR 3012-1.

(b) Notice of Objection

(1) The objection, notice, and the affidavit or unsworn declaration shall be served in accordance with FRBP 3007.

(2) The notice shall include the date, time, and place of the hearing on the objection, which may be obtained from the court's website.

(c) Response

(1) Any written response shall be filed at least seven days prior to the hearing on the objection to claim.

(2) If the claimant files a response to the objection, the claimant shall serve a copy of the response on the objecting party and the trustee.

(3) Failure by the claimant to file a response shall be deemed as consent to have the court consider and determine the issue on the pleadings without oral argument.

Related Provisions FRBP 3007 Objections to Claims FRBP 7001 Scope of Rules of Part VII FRBP 9014 Contested Matters LBR 2002-1 Notice to Creditors and Other Interested Parties LBR 7003-1 Commencement of Adversary Proceeding 11 USC 506 Determination of Secured Status 28 USC 1930(b) Bankruptcy Fees