Claims - Objection to Proof of Claim

OBJECTIONS TO CLAIMS

 

Overview:

Although the right to object to a claim is generally exercised by the trustee or debtor in possession, any party in interest may object to the allowance of a claim. An objection to the allowance of a claim shall be in writing and filed with the court.  A copy of the objection with notice thereon (L.B.F. 3007-1) shall be mailed or otherwise delivered to the claimant, the debtor or debtor in possession, and the trustee giving 30 days to respond.  The pleading or the caption of the pleading must state the claim number as recorded on the claims register and state the particular grounds for the objection including but not limited to:

  • whether the claim should be disallowed in its entirety;
  • whether the claim should be allowed in an amount different from requested; or
  • whether the classification of the claim (secured, priority unsecured, general secured) is incorrect.

 A separate objection must be filed for each claim objected to, except omnibus objections filed pursuant to F.R.B.P. 3007(d). 

Codes, Rules and Forms:

Bankruptcy Code:

501

Bankruptcy Rule:

3007

Local Rule:

3007-1

Local Form:

3007-1

 

CM/ECF Event(s):

            Claims Actions, Objection to Claim/Transfer of Claim

            Other Answers/Objections, Objection to Claim

            Trustee Ch. 7, 11, 12 or 13 Cases, Objection to Claim

            Reference an Existing motion/application, Answer

 

I.    Noticing:       

      A.Type:                    Local Bankruptcy Form 3007-1 – 30 day language

      B.Who Serves:        Movant

      C.Service:               D, DA, Claimant, T