Claims - Objection to Proof of Claim

 Rev. 07/01/15

OBJECTION TO CLAIM

 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.  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. 

An ECF filer must file an objection to claim using the self-scheduling procedure set forth in L.B.R 9002-1.  Unless service is made electronically through the ECF system, the objector must serve the objection and notice (L.B.F 3007-1) upon the persons specified under F.R.B.P. 3007(a).  The ECF filer must also file a certificate of service which complies with L.B.R. 9013-2.

A Non-ECF filer must file an objection to claim with the clerk’s office.  When the objection to claim is filed, the Non-ECF filer must, within five (5) days, mail a copy of the objection to claim to the claimant and the trustee.  The Non-ECF filer must also file a certificate of service which complies with L.B.R. 9013-2.  After the certificate of service is filed, the clerk will issue and send a notice, at least 30 days prior to the hearing, setting a claim objection hearing date.

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, 502

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
            Reference an Existing motion/application, Answer
            Trustee Ch. 7, 11, 12 or 13 Cases, Objection to Claim

         

 I.    Noticing:       

      A.Type:                    Hearing Required  -- at least 30 days prior to the hearing (Local Bankruptcy Form 3007-1)

      B.Who Serves:      Movant -- if the objection is filed by an ECF filer
                                       Clerk -- if the objection is filed by a Non-ECF filer

      C.Service:               Parties-in-Interest