Determining the Amount of a Secured or Priority Claim

(a) Chapter 13 Requirements. A debtor seeking to determine the amount of a secured claim in a chapter 13 case must file a separate motion. (1) Claim Secured by Real Property. A motion to determine the amount of a claim secured by real property in a chapter 13 case must use local form Motion to Value Collateral and Determine the Amount of a Claim Secured by a Lien on Real Property.

(2) Claim Secured by Personal Property. A motion to determine the amount of a claim secured by personal property in a chapter 13 case must use local form Motion to Value Collateral and Determine the Amount of a Claim Secured by a Lien on Personal Property. (3) Objection to Claim. If a debtor also objects to a proof of claim filed by the creditor as to which the debtor seeks to determine the amount of its secured claim, the debtor must file a separate objection to claim before or when the debtor files a motion to determine the amount of the secured claim.

If no separate objection to claim is filed and if a motion to determine the amount of a secured claim is granted, the resulting unsecured portion of the claim will be allowed under § 502(a) as a general unsecured claim. (b) Procedure. (1) Time to File. A motion to determine the amount of a secured claim must be filed and served at least 21 days before the hearing on the motion.

(2) Objection. An objection to a motion to determine the amount of a secured claim is timely if filed at least two business days before the hearing on the motion.