- Objections to timely filed claims shall be subject to Bankruptcy Rule 3007(a) and, if not incorporated into an adversary proceeding, Bankruptcy Rule 9014(c).
- Objections to claims shall be filed individually for each claim objected to and may name only one creditor.
- If no response to an objection to a claim is timely filed, the Court may sustain the objection without a hearing if relief is otherwise proper.
- All proposed orders on objections to claims shall recite in the ordering paragraph that the objection is either sustained or overruled, that the claim is either allowed or disallowed, and if allowed, the amount and class of each such allowed claim.
- In all cases filed under Chapter 13, unless extended by the Court, objections to timely filed claims shall be filed no later than sixty (60) days after the applicable claims bar date.
Advisory Committee Notes
The amended rule includes only stylistic changes. The format of subdivisions is changed to maintain a consistent style across all rules. Subdivisions (A) and new subdivision (C) are amended to remove the reference to Local Rule 9013-1 concerning memoranda of law, and former subdivision “C.” is eliminated, because that local rule applies generally without the cross-reference. Other subdivisions are renumbered accordingly. Subdivision (A) is further amended to invoke the service rules of Bankruptcy Rule 3007(a), rather than those of 9014, and to clarify that the procedural elements of Bankruptcy Rule 9014(c) apply unless the claim objection is incorporated into an adversary proceeding in which case entire Rule 70xx series would apply. An example would be an objection to the nature and extent of lien in a claim filed as a secured claim. Subdivision (B) and new subdivision (C) are amended to remove any reference to filing by negative notice as exclusively within the scope of Local Rule 2002-2. The notes previously in the rule are deleted as redundant to the text of the either this rule or the applicable Bankruptcy Rule 3007. Subdivision (E) is amended to change the time to object to timely filed claims from the date of the confirmation hearing to a date based on the claims bar date to avoid stale objections. Subdivision (F) is deleted to allow for the process of objections to claims to be defined in conjunction with the Chapter 11 Plan.