Local Rule RULE 3007-1: CLAIMS - OBJECTIONS

RULE 3007-1 CLAIMS - OBJECTIONS

(a) An objection to claim is a contested matter governed by FED. R. BANKR. P. 9014 and shall state with specificity the grounds for the objections and the relief sought.

(b) The party filing the objection to claim must serve the objection upon the following: the debtor or the debtor in possession; any trustee appointed in the case; the claimant; any other affected creditor(s); any committee appointed in the case; and any other entity as the Court may direct.

(c) Negative notice is allowed for certain objections under this Local Rule. The Court may sua sponte set any objection to claim filed under negative notice for a hearing.

(1) Local Form 4 must be used for negative notice under this Local Rule and Local Form 4 must be filed electronically on CM/ECF by an Electronic Filing User as set forth in Local Rule 5005-4.

(2) The Court has established a list (the "Negative Notice List") which sets forth certain objections to claims that may be considered without a hearing under the negative notice procedure described in this Local Rule if no party in interest files a response to the relief requested. The Negative Notice List is posted on the Court's website, https://www.almb.uscourts.gov, and may be supplemented or otherwise amended by the Court from time to time.

(3) The objection to claim, and any amendments to objections to which no response has been filed, shall contain the following negative notice language in all capital letters, bolded, and centered on the page under the style of the case:

PURSUANT TO M.D. ALA., LBR 3007-1, THIS OBJECTION WILL BE TAKEN UNDER ADVISEMENT BY THE COURT AND MAY BE RULED UPON BY THE COURT UNLESS A PARTY IN INTEREST FILES A RESPONSE WITHIN THIRTY (30) DAYS OF THE DATE OF SERVICE OF THIS OBJECTION. RESPONSES MUST BE SERVED UPON THE MOVING PARTY AND IN THE MANNER DIRECTED BY M.D. ALA., LBR 5005-4, FILED WITH THE CLERK ELECTRONICALLY OR BY U.S. MAIL ADDRESSED AS FOLLOWS: CLERK'S OFFICE, U.S. BANKRUPTCY COURT, ONE CHURCH STREET, MONTGOMERY, AL 36104.

(4) If a response is filed to an objection to claim, any amendments to the objection to claim shall not include the negative notice language set forth in subsection (c)(3).

(5) Any responses to the objection to claim must be served upon the following: the debtor or the debtor in possession; any trustee appointed in the case; the claimant; any other affected creditor(s); any committee appointed in the case; and any other entity as the Court may direct.

(6) If no response is filed to the objection to claim, the Court will electronically prompt the moving party using a "Declaration and Order Due" event to file with the Court a Declaration in Support of Entry of Order using Local Form 5. The party filing the objection to claim will have seven (7) days from the "Declaration and Order Due" event entered on CM/ECF to file the Declaration and submit the order. If the Declaration and/or the order is not timely filed or is not filed correctly, the objection to claim will be set for hearing.