Rule 3007-1 Claims - Objection.

(a)     Contents.  An objection to the allowance of a claim must list in the caption or the pleading the claim number recorded on the claims register and state particular grounds for the objection, including but not limited to:

          (1)     whether the claim should be disallowed in its entirety;

          (2)     whether the claim should be allowed in an amount different from that requested; or

          (3)     whether the classification of the claim (secured, priority unsecured, general unsecured) is incorrect.

(b)    Separate Objection.   As set forth in subdivision (c) and (d) of this rule, a separate objection and a notice that substantially conforms with L.B.F. 3007-1 must be filed for each claim objected to, except for omnibus objections filed pursuant to F.R.B.P. 3007(d).

(c)    Filing and Notice for ECF Filers.  The objecting party must serve the objection to claim and a notice of same using L.B.F. 3007-1 (Notice of Objection to Claim and Deadline to Request Hearing) upon the persons specified under F.R.B.P. 3007(a)(2)(B).  Unless otherwise ordered by the court, a hearing on the objection to claim will not be scheduled unless the claimant files a request for hearing or response to the objection no later than thirty (30) days from the date the notice is served.   A certificate of service substantially conforming to L.B.R. 9013-2 must also be filed.

(d)     Filing and Notice for Non-ECF Filers.  A non-ECF filer must file an objection to the allowance of a claim with the clerk’s office.  Within five (5) days after filing the objection, the non-ECF filer must mail a copy of the objection to the claimant as set forth in F.R.B.P. 3007(a)(2)(A).  A certificate of service which complies with L.B.R. 9013-2 and demonstrates service as indicated above must then be filed with the clerk’s office within five (5) days of service.  After the certificate of service is filed, the clerk will issue and send a notice using L.B.F. 3007-1 (Notice of Objection to Claim and Deadline to Request Hearing) to the persons specified under F.R.B.P. 3007(a)(2)(B).   Unless otherwise ordered by the court, a hearing on the objection to claim will not be scheduled unless the claimant files a request for hearing or response to the objection no later than thirty (30) days from the date the notice is served.

COMMENTS: L.B.R. 3007-1 was amended effective December 1, 2017, to conform to new F.R.B.P. 3007, which became effective December 1, 2017. New F.R.B.P. 3007(a) was amended to specify the manner in which an objection to a claim and notice of the objection must be served.  The new rule provides specific instruction in cases where the claimant is the “United States or any of its officers or agencies” or an “insured depository institution”.  Changes to subdivisions (c) and (d) of the L.B.R. 3007-1 were necessary to incorporate these new provisions of F.R.B.P. 3007.  The burden of service established by prior L.B.R. 3007-1 has been preserved.  Changes to subdivision (b) reflect the new requirement that any “notice of objection” must “substantially conform to the appropriate Official Form”.   Likewise, amendments to subdivision (e) of L.B.R. 3007-1 have been made to incorporate amendments to subdivision (a) of new F.R.B.P. 3007, which no longer requires that a hearing be scheduled or held on every objection.  The rule now requires the objecting party to provide notice and an opportunity for the hearing on the objection and requires the claimant to timely request a hearing or file a response in order to obtain a hearing.  Amended L.B.F. 3007-1, which must be served with a copy of the objection, informs the claimant of the actions it must take to request a hearing.

Part: 
Part III - Claims and Distribution to Creditors and Equity Interest Holders; Plans