Local Rule LR 3007-1: Claim Objection Procedure

LR 3007-1 Claim Objection Procedure

(a) Title. The objection must state the name of the creditor and the court‐assigned claim number in the title.

(b) Content of objection filed by debtor. A claim objection filed by the debtor must be supported by one or more Declarations stating facts in support of the objection made by individuals with personal knowledge of those facts, unless the objection rests solely on the application of law to facts of which the court can take judicial notice (e.g., the claim was filed late).

(c) Notice. The objecting party must file and serve a notice of the claim objection with the claim objection. The notice must clearly state that the court may grant the relief requested without a hearing if either the claimant does not file and serve a response within 30 days after service of the notice, or the response filed by the claimant fails to adequately oppose the objection.

(d) Proof of service. The objecting party's certification of service must comply with Fed. R. Bankr. P. 3007(a)(2) and Local Rule 9013-2.

(e) Hearing. If the creditor fails to file a timely response, the court may sustain the objection without a hearing. Even in the absence of a response, however, the court may hold a hearing, including a hearing at which the objecting party is required to prove facts sufficient to overcome the presumption of the claim's validity, as provided by Fed. R. Bankr. P. 3001(f), or otherwise demonstrate that the court should sustain the objection.