Rule 3007-1 Claims - Objection.

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

(c)    Filing and Hearing Notice for ECF Filers.  An objection to claim must be filed using the self-scheduling procedures 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 - Notice of Objection to Claim and Hearing Date) 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.

(d)     Filing and Hearing Notice for Non-ECF Filers.  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 then issue and send a notice, at least thirty (30) days prior to the hearing, setting a claim objection hearing date.

(e)     No Response Required:  Hearing.  No response is required to an objection to a claim.  There will be a hearing on an objection to a claim.

COMMENTS: L.B.R. 3007-1 was amended effective July 1, 2015, it having been determined that provisions of the prior rule authorizing entry of a default judgment against a claimant on a claim objection if the claimant did not: (1) file an answer; (2) file an amended claim; or, (3) request a hearing, conflicts with provisions of   11 U.S.C. § 502(b) and F.R.B.P. 3007.

 

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