Local Rule RULE 3001-1: CLAIMS AND EQUITY SECURITY INTERESTS - GENERAL

RULE 3001-1 CLAIMS AND EQUITY SECURITY INTERESTS - GENERAL

(a) Required Disclosure. All Proofs of Claims must be typewritten, substantially comply with Official Form B410 and Fed. R. Bankr. P. 3001, include copies of any documents evidencing the claim, and contain redactions of all personal identifiers.

(b) Secured and Priority Claims. In a Chapter 13 case, all secured claims and priority claims of creditors should be filed within seven (7) days preceding the meeting of creditors. Failure to comply with this rule may result in delay of distribution of money by the Chapter 13 Trustee to the secured creditor.

(c) Deficiency Proofs of Claims.

(1) Chapter 7 Cases. Deficiency claims arising from the disposition of secured collateral shall be filed no later than one hundred and eighty (180) days following the order of the Court granting relief from the automatic stay, but in no event later than the submission of a final report. Such time period may be enlarged only upon motion made within the one hundred and eighty (180) day time period and only for cause shown.

(2) Chapter 12 and 13 Cases.

(i) Deficiency claims arising from the disposition of secured collateral shall be filed no later than one hundred and eighty (180) days following the order of the Court granting relief from the automatic stay. Such time period may be enlarged only upon motion made within the one hundred and eighty (180) day time period and only for cause shown. This rule shall have no applicability to stay relief granted in plans of reorganization, confirmation orders, or in the debtor's motions to amend or modify a plan of reorganization.

(ii) Counsel for the debtor shall have thirty (30) days from the date of the filing of the creditor's deficiency proof of claim to file an objection to such claim. Failure to file a timely objection shall result in such claim being deemed allowed.

(iii) Following allowance of the claim, the debtor's counsel shall have thirty (30) days in which to file a supplemental schedule of allowed claims.

(3) Chapter 11 Cases. Deficiency claims arising from the disposition of secured collateral shall be filed no later than one hundred and eighty (180) days following the order of the Court granting a creditor's motion for relief from the automatic stay. This rule shall have no applicability to stay relief granted in plans of reorganization, confirmation orders, or in the debtor's motions to amend or modify. Such time period may be enlarged only upon motion made within the one hundred and eighty (180) day time period and only for cause shown.