Local Rule L. Rule 3007-1: OBJECTIONS TO CLAIM

L. Rule 3007-1. OBJECTIONS TO CLAIM

(a) Unless otherwise ordered by the Court in a particular case: (1) if a timely response is filed to an objection to a proof of claim, then the objecting party and the claimant will be provided with at least 30 days notice of the hearing on the objection, and (2) a hearing will not be automatically set on an objection to claim unless a timely response is filed to the objection. Objections to claims are contested matters and may be made on negative notice as set forth in L. Rule 9014-1.

(b) All Objections to claims shall specifically set forth all bases for the objection. General denials regarding the accuracy of the claim without specific contentions regarding the disputed items may result the Court denying the Objection.

(c) An objection to a proof of claim, and the related proposed order, shall be titled "OBJECTION TO CLAIM # (CLAIMS REGISTER NUMBER) OF (NAME OF CLAIMANT), WITH NOTICE THEREOF."

(d) An objection to a proof of claim must state in bold print immediately below the title:

This is an objection to your claim in this bankruptcy case. This objection asks the Court to disallow (eliminate), reduce, or modify your claim as set forth in this objection. If you do not file a written response to this objection within 30 days from the date of mailing of this objection, the Court may disallow (eliminate), reduce, or modify your claim as set forth in this objection, without a hearing being held.

Any response to this objection must explain your position and be timely filed with the United States Bankruptcy Clerk, Western District of Texas, [insert mailing address of applicable Clerk's office]. If a timely response is filed, the Court will then set a hearing on the objection, and you will be provided with notice of the date, time, and place of the hearing. If you do not attend the hearing, the Court may decide that you do not oppose the objection to your claim.

(e) In a chapter 13 case, and regardless of whether or not the debtor properly schedules a claim, a creditor must file a proof of claim by the applicable deadline to receive a distribution under the plan as confirmed. Upon confirmation of the plan, no objection to a late-filed claim shall be necessary; such late-filed claims are deemed disallowed unless otherwise ordered by the Court. The burden is on the claimant to request allowance of any late-filed claim, by motion with negative notice language as set forth in L. Rule 9014-1.

(f) Chapter 13 Trustee's Notice of Intent to Pay Claims.

a. After the deadline for filing proofs of claim has passed, the chapter 13 trustee is authorized, but not required, to file a Trustee's Notice of Intent to Pay Claims ("NIPC") and serve a copy upon the debtor, the debtor's counsel, and all parties listed on the master mailing matrix.

b. The NIPC shall serve primarily as a reconciliation device between the claims registry, Schedules D, and E/F, and the confirmed chapter 13 plan. Because the NIPC serves as a notice regarding the trustee's reconciliation process and does not require Court approval, no negative notice language nor any proposed order is required to accompany the NIPC upon filing.