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Rule 3007-1. Objections to Claims

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

            A.         Service. Local Rule 9013-1 applies to an objection to claim, but the resistance deadline is 30-days under Fed. R. Bankr. P. 3007(a) instead of 21-days. The objection and the notice must be served on the claimant.

            B.         Contents. The caption of an objection to claim must state the name of the creditor and proof of claim number. The objection must also state the filing date, claim amount, specific grounds for the objection, and proposed treatment of the claim with a specific dollar amount.

            C.         Objections in Chapter 13 Cases. The Chapter 13 trustee may object to any claim in a Chapter 13 case. If the trustee does not object, the trustee will file a notice after the bar date for general, non-governmental claims expires and serve it on the debtor. The debtor may object to the claim within 30 days after the notice is filed. If the debtor does not timely object, the claim will be allowed as stated in the trustee’s notice.