Local Rule B-3007-1: Objections to Claims; Default

B-3007-1 Objections to Claims; Default

(a) Except as otherwise authorized by Rule 3007 of the Federal Rules of Bankruptcy Procedure regarding omnibus claim objections, an objection to a proof of claim shall be limited to the claim or claims filed by a single creditor, unless the objection is directed to a claim which has been filed jointly by more than one creditor.

(b) An objection to a proof of claim shall identify the creditor by name and the claim number as assigned by the court, and

(1) shall state with specificity the basis for disallowance or allowance in an amount or with a priority other than that claimed.

(2) If the objection requests the determination of the amount of a secured claim (see Fed. R. Bankr. P. 3012), movant shall identify the property securing the claim, the value of that property, the amounts due on account of any senior liens or interests, and any other mathematical calculations used to determine the objector's proposed amount of the secured claim.

(c) Local Bankruptcy Form 2 (LBF-2) shall be used to give the claimant notice of the claim objection and the opportunity to respond thereto, instead of Official Bankruptcy Form 420(B).

(d) The objector shall be responsible for completing LBF-2 and serving it, along with the claim objection, and making due proof thereof, in accordance with Rule 7004 of the Federal Rules of Bankruptcy Procedure upon:

(1) the claimant, and;

(2) the debtor.

(e) Unless a response to the objection is filed within thirty (30) days following service of the notice of objection, the court may disallow or modify the claim in accordance with the objection, without further hearing.

Commentary (1994)

This rule is new. Paragraph (b), [now paragraph (e)], is derived from Southern District of Indiana L.B.R. B-3007. It provides a mechanism to deal with claim objections without a hearing where the claimant fails "to respond as directed in an order...."

Paragraph (a), [now paragraph (b)], does little more than state what one would expect an objection to contain – the reason for the objection – and the common sense requirement that it should be served upon the claimant as well as the other parties that are most likely to be interested in establishing the correct amount due.

HISTORICAL AND REGULATORY NOTES By Order Amending Local Bankruptcy Rules dated March 17, 2023, this rule was amended to make technical corrections to properly identify the appropriate national form.

Pursuant to Order Amending Local Bankruptcy Rules dated April 22, 2022, this rule was amended to address the valuation of a secured claim in a claim objection. The original /s/ order had a typographical order, which was corrected prior to wet signature. Date of original order remains valid.

By Order Making Technical Amendments to Local Bankruptcy Rules dated July 7, 2015, LBF-2 was amended to change the phrase "mail a copy of your response to" to "serve a copy of your response upon" and the word "mailed" to "served."

By Order Amending Local Bankruptcy Rules dated May 5, 2011, this rule was amended to make technical corrections to clarify the rule.

Pursuant to Order Amending Local Bankruptcy Rules dated November 30, 2007, paragraph (a) of this rule was amended to conform to the provisions of the amended national rules.

Pursuant to General Order 2001-01 dated February 2, 2001, this rule was adopted along with LBF-2; General Order 98-1 was vacated.