Rule 3007-1 : Objections to Claims


(a) Procedure for Objections: Any party objecting to the allowance of any claim must file an objection stating with particularity the allegations of fact and grounds for the objection. The objection must comply with and be prosecuted in the manner prescribed in FED. R. BANKR. P. 3007 and L.B.R. 9013-1.

(b) Trustee's Objections to Claims in Chapter 13 Cases:

(1) As soon as practicable after the expiration of the last day for filing of claims in each case, the chapter 13 trustee must submit a report of claims to the debtor and debtor’s attorney. The chapter 13 trustee must file a certificate of compliance with this L.B.R.

(2) Within fourteen (14) days from the date of the chapter 13 trustee’s report of claims is submitted, the debtor must file with the chapter 13 trustee a written response to the report, setting forth any grounds for objections to claims. The debtor’s failure to make and file the response constitutes a waiver of all objections thereto, provided, however, that for good cause shown, the court may relieve the debtor from the effects of this L.B.R. to prevent manifest injustice.

(3) If the debtor’s response to the chapter 13 trustee’s report of claims includes objections to the allowance, amount, or classification of any of the claims filed, the chapter 13 trustee or the debtor may file an objection to such claims and give notice thereof as specified in subsection (a), above;

(4) In addition to the foregoing procedures, it is the chapter 13 trustee’s and debtor’s attorney’s duty to examine all proofs of claims and, if appropriate, to file objections in the manner specified in subsection (a), above.

Commentary

[Source: L.B.R. 307]