Local Rule 3007–1: CLAIMS — OBJECTIONS

3007–1 CLAIMS — OBJECTIONS

(a) Filing and Service. An objection to a proof of claim together with the notice of objection to claim shall be filed and served on the person or entity that filed the proof of claim at the notice address (not the payment address) set forth in the proof of claim, on the filing attorney (if any) at the attorney's address set forth in the proof of claim, and on any party required to be served by LBR 9013–3.

(ab) Contents. An objection shall state the claimant's name, the date the claim was filed, and any claim number assigned by the clerk. As to each claim, the objection shall further contain a concise statement of the grounds for the objection and a specific request for treatment of the claim. A notice of objection to claim shall be filed and served with the objection and shall substantially comply with the sample thirty (30) day notice set forth below or with Official Form 420B.

Sample 30 Day Notice NOTICE OF OBJECTION TO CLAIM (Name) has filed an objection to your claim in this bankruptcy case.

Your claim may be reduced, modified, or eliminated. You should read these papers carefully and discuss them with your attorney, if you have one in this bankruptcy case. If you do not have an attorney, you may wish to consult one.

If you do not want the court to reduce, modify or eliminate your claim, then on or before thirty (30) days from the date set forth in the certificate of service for the objection to claim, you must file with the court a response explaining your position by mailing your response by ordinary U.S. Mail first class mail to (address of bankruptcy court clerk's office) OR your attorney must file a response using the court's ECF System.

The court must receive your response on or before the above date.

You must also send a copy of your response either by 1) the court's ECF System or by 2) ordinary U.S. Mail first class mail to (objector's name and address) and (names and addresses of others to be served).

If you or your attorney do not take these steps, the court may decide that you do not oppose the objection to claim and may enter an order reducing, modifying, or eliminating your claim without further notice or hearing.

(bc) Separately Filed Notice. If the thirty (30) day notice is not included in the same document as the objection, the notice shall state the claimant's name, any claim number assigned by the clerk, and the objecting party's name.

(cd) Response. The claimant whose claim is the subject of a filed objection shall file a response to the objection and serve a copy thereof as directed by the notice not later than thirty (30) days after service of the objection. Any response shall state clearly in the caption the objection to which it is responding.

(de) Failure to Respond. If a claimant fails to timely file a response to an objection, the claimant shall be deemed to have waived any objection to the relief sought and the court may grant the relief requested without further notice or a hearing. The objecting party shall submit an appropriate order to the court.

(ef) Requirements for Omnibus Objection. An omnibus objection may be filed for reasons other than those set forth in Rule 3007(d). In addition to those requirements set forth in Rule 3007(e), an omnibus objection shall contain an exhibit to the objection detailing the following:

(1) name of claimant;

(2) claim number;

(3) claim amount;

(4) reason for proposed disallowance or, if the objection seeks modification of a claim, the proposed claim amount and a concise reason for the proposed modification;

(5) if the objection seeks to change the classification of a claim, the current claim status, proposed claim status and reason for proposed reclassification;

(6) if the objection seeks to change the priority of a claim, the current priority treatment, proposed priority treatment and reason for the proposed change; and

(7) if the objection seeks to expunge an amended, duplicate, or late claim, the number of the amended, duplicate or late claim to be expunged.

Each exhibit shall contain only those claims based upon one common objection (e.g., exhibit A for duplicate claims, exhibit B for amended or superseded claims, etc.). A claim objected to for multiple reasons shall be identified separately in each applicable exhibit. Each exhibit shall list claimants in alphabetical order, by the last name of the claimant if the claimant is an individual, or by the name of the entity.

(f) Service of Certain Claim Objections in Chapter 13 Cases. An objection to a proof of claim that seeks to modify a mortgage or lien secured by real property, modify a claim secured by personal property, or avoid a wholly unsecured mortgage or lien in connection with confirmation of a chapter 13 plan shall be served pursuant to Rule 7004.