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RULE 3007-1. CLAIMS - OBJECTIONS

Chapter: 
PART III. CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST HOLDERS; PLANS

A.      Time and Manner of Service.  An objection to claim and a notice of objection to claim shall be filed and served in compliance with Neb. R. Bankr. P. 9013-1 with a 30 day resistance date as required by Fed. R. Bankr. P. 3007(a).  In addition, the objection and the notice shall be served on the trustee, the debtor or debtor-in-possession, and the person most recently designated on the claimant’s original or amended proof of claim as the person to receive notices, at the address so indicated.  The objection shall state with particularity:

1.      The proof of claim by filing date, creditor and amount, or in some other specific manner (Note: reference to a proof of claim number without the claimant’s name will not be deemed sufficient notice);

2.      The specific ground(s) upon which the objection is made; and

3.      The proposed treatment of the claim with a specific dollar amount.

B.      Transfer or Assignment of Claim.  The party filer must serve all transfers or assignments of claim on the Chapter 12 or Chapter 13 trustee, the attorney for the debtor or debtor-in-possession, and attorney for each official committee, if any.  The Clerk will comply with Fed. R. Bankr. P. 3001(e)(2).  Transferee will be substituted for the transferor at the time of filing, unless a timely objection is filed with the Court.

C.      Chapter 13 Procedures.  The Chapter 13 trustee may object to any claim filed.  If the trustee does not object to the claim, the trustee will then file a trustee’s notice concerning allowance of such claim after the expiration of the bar date for general, non-governmental claims.  The trustee’s notice shall be served on debtor’s counsel and the debtor by the Chapter 13 trustee.  Within 30 days from the date of the trustee’s notice, the debtor may object to the claim as set forth in the trustee’s notice.  If the debtor does not file an objection to the claim within the time period required, the claim shall be deemed allowed as provided in the trustee’s notice.

          Once a proof of claim has been allowed as stated above, the claim cannot be amended without leave of the court. In re Carr, 134 B.R. 370 (Bankr. D. Neb. 1991), aff’d, 142 B.R. 351 (D. Neb. 1992). Leave of the court shall be sought by motion pursuant to Neb. R. Bankr. P. 9013-1.