Local Rule Rule 3007-1: Objections to Claims

Rule 3007-1. Objections to Claims A. Chapter 13 Claim Objections. See Local Rule 3084-1.

B. Omnibus Objection. Objections to claims may be contained in one or more omnibus objections. The recommended form of objection is contained in the Local Forms (See Local Form – MOW 3007-1.1). This Rule applies to trustees serving under Chapters 7, 11 and 12, and debtors-in-possession under chapter 11.

C. Procedure for Objections to Claims: Response Filed. A claimant shall have 30 days after service of the objection in which to file a response. The response shall be in writing and state with particularity why the claimant believes the claim is valid and should be allowed. If a response is filed, the Court will schedule a hearing. If no timely response is filed, the court may enter an order sustaining the objection as to the claimant and disallowing such claim.

D. Procedure for Objections to Claims: Amended Claim Filed. A claimant may elect to file an amended claim in an effort to address an objection. The filing of an amended claim is suggested when the objection goes to the form of the claim (e.g., insufficient documentation to support claim). If there is further objection to the amended claim, an objection to such amended claim shall be filed; otherwise, the amended claim may be allowed.

E. Separate Objection Permitted When Trustee Seeks Affirmative Relief. The trustee may file a separate objection and request for hearing with respect to a particular clam when, for instance, the trustee desires to assert a counterclaim or seek other affirmative relief against the claimant.