Local Rule L.B.R. 3007-3: Estimation of Claims
Bankr. N.D. Tex. — Civil rule
L.B.R. 3007-3 Estimation of Claims.
(a) If a claim is objected to or is filed in an unliquidated amount, the objecting party, the claimant, the trustee, the debtor in possession or any plan proponent may file a motion requesting that the claim be estimated in accordance with 11 U.S.C. § 502(c). Filing a motion to estimate commences a contested matter.
(b) The motion to estimate shall include those purposes (e.g., voting, allowance, etc.) for which estimation is sought, and an explanation of why estimation, as opposed to full trial of the claim objection, is appropriate. The movant, as soon as practicable following filing of the motion to estimate, shall consult with the claimant and the objecting party to determine whether either opposes the motion.
(c) If the movant, the claimant and the objecting party agree that the claim should be estimated, they shall attempt to agree upon and submit to the court procedures applicable to estimation of the claim. If they are unable to agree upon procedures, each party may submit proposed procedures. Proposed procedures shall be filed with the court at least 4 days prior to the hearing on the motion to estimate.
(d) If the claimant or the objecting party contests the motion to estimate, such entity shall file a response to the motion at least 4 days prior to the hearing on the motion.
(e) If the motion to estimate is granted, following such additional steps as the Presiding Judge may direct, the Presiding Judge shall enter such orders as are appropriate establishing procedures and schedules for estimating the claim.