Rule 3007-1

Claims - Objections

(a)  Requirements for Claim-Related Filings.  All objections must state a specific basis for disallowing the claim under Code § 502.  The caption for any claim-related filing must identify the claim number and the name of the claimant as set forth in the official claims register.

(b)  Notice of Bar Date to Respond to Objection.  A party filing an objection to a proof of claim that is not asserted as part of an adversary proceeding shall give notice that (1) the claimant has twenty-one (21) days from service of the objection to file and serve a response, and (2) if a response is not timely filed and served the objection may be sustained by the Court without further notice or hearing.

(c)  Order Sustaining Objection.  If a response is not timely filed and served, the objecting party may file a certificate of service and of no objection and lodge an order granting the relief requested. 

(d)  Hearing.  If a response is timely filed and served, the objecting party must set a hearing, serve notice on the claimant and file a certificate of service.

 


Notes 2018:  Amendment extends the notice period to respond to a claim objection from 14 to 21 days and clarifies negative notice procedures including requirement for certification of service and of no objection. Amendment also expands to all cases and all filings the duty to identify claimant and claim number in caption.

 

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