Determining the Amount of a Secured or Priority Claim

Federal Rules of Bankruptcy Procedure

Rule: 3012

Jurisdiction: US

Bluebook Citation: Fed. R. Bankr. P. 3012

(a) IN GENERAL. On a party in interest’s request, after notice and a hearing, the court may determine the amount of a secured claim under § 506(a) or the amount of a priority claim under § 507. The no- tice must be served on: • the claim holder; and • any other entity the court designates. (b) DETERMINING THE AMOUNT OF A CLAIM. (1) Secured Claim. Except as provided in (c), a request to de- termine the amount of a secured claim may be made by mo- tion, in an objection to a claim, or in a plan filed in a Chapter 12 or 13 case. If the request is included in a plan, a copy of the plan must be served on the claim holder and any other entity the court designates as if it were a summons and complaint under Rule 7004. (2) Priority Claim. A request to determine the amount of a priority claim may be made only by motion after the claim is filed or in an objection to the claim. (c) GOVERNMENTAL UNIT’S SECURED CLAIM. A request to deter- mine the amount of a governmental unit’s secured claim may be made only by motion—or in an objection to a claim—filed after: (1) the governmental unit has filed the proof of claim; or (2) the time to file it under Rule 3002(c)(1) has expired. (As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 27, 2017, eff. Dec. 1, 2017; Apr. 2, 2024, eff. Dec. 1, 2024.)

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