Local Rule RULE 3007-1: CLAIMS AND OBJECTIONS TO CLAIMS

RULE 3007-1 CLAIMS AND OBJECTIONS TO CLAIMS

(a) Time for Service of Objections to Claims. Objections to all claims must be served upon the claimant not later than 30 days prior to the hearing.

(b) Claim Objections in Chapter 11 Cases. Unless the Court orders otherwise, objections to claims in a chapter 11 case must be filed and served not later than fourteen (14) days after the entry of an order of confirmation.

(c) Claim Objections in Chapter 12 and 13 Cases. Unless the Court orders otherwise, objections to claims in a chapter 12 and 13 case must be filed and served within forty-five (45) days of the trustee's service of the "Notice of Claims Filed and of Trustee's Intent to Pay Claims as Listed." The trustee shall file the Notice of Claims Filed and of Trustee's Intent to Pay Claims as Listed.

(d) Objection to Additional or Amended Claim. Unless the Court orders otherwise, if an amended claim is filed or a claim is filed pursuant to LBR 3001-1, objections must be filed and served within forty-five (45) days of service by the trustee of the Notice of Additional or Amended Claim.

(e) Secured Claims. An entity holding an allowed secured claim that obtains relief from the automatic stay in a chapter 13 case shall not continue to receive the payments provided for in the confirmed plan once the trustee receives the order granting the relief. Funds to be distributed by the trustee on the allowed claim may recommence only upon the consent of the parties or upon application and order of the Court.

(f) Amended Secured Claims. The affected creditor referred to in paragraph (e) of this Rule shall retain the right to file an amended claim. The amended claim shall state:

(1) The date and terms of the disposition of the collateral;

(2) The name of the transferee of the collateral;

(3) The consideration received; and

(4) A detail of all charges claimed in retaking, holding, and disposing of the property.

Comment Service of an objection to the allowance of a claim is governed by Fed. R. Bankr. P. 2002 and 3007.

Although Fed. R. Bankr. P. 3007(a)(1) provides that an objection to the allowance of a claim and a notice of objection must be filed and served 30 days prior to either (1) a scheduled hearing on the objection or (2) any deadline for the claimant to request a hearing, in this Court the time of filing and service shall remain as stated in paragraph (a) of this Rule, not later than 30 days prior to the hearing on the objection.

Paragraph (c) of this Rule sets a date by which objections to claims must be filed in chapter 11 cases in order to expedite the resolution of administrative matters remaining after confirmation. In many chapter 11 cases, a plan proponent should and will file objections to claims earlier and well in advance of confirmation in order to have objections resolved prior to confirmation.