Objecting to a Claim
U.S. Bankruptcy Court for the Western District of Louisiana
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(a) Contents of the Objection. Every objection to a claim must identify the claimant, the date the proof of claim was filed, the amount of the claim and the classification of the claim as secured, priority unsecured, or general unsecured. If the amount or classification of the claim is being disputed, the objection to claim shall state the amount of the claim, if any, that is not in dispute and the classification considered proper by the objecting party. The objection must state with particularity the legal and factual basis for the objection; the objection should also include as an attachment an affidavit, a 19 declaration in compliance with 28 U.S.C. § 1746, or other appropriate documentation supporting the objection.
(b) “If and Only If” Notice. (1) Objections to claims are contested matters which may be made on “if and only if” notice as authorized by LBR 9007-1(d). If the “if and only if” notice procedure is not used, or if a timely response to the objection is filed, a hearing on the objection will be held. If “if and only if” notice is utilized, the objection must state in bold print immediately below the title the following: This is an objection to your claim.
This objection asks the court to disallow the claim that you have filed in this bankruptcy case. If you oppose the objection to your claim, you must file a response at least seven (7) days before the date set for the hearing on this objection to your claim. If you do not timely file a response, your claim may be disallowed without a hearing. (2) The hearing on the claim objection must be scheduled at least thirty (30) days after the date of service of the claim objection.
A notice of hearing must be served contemporaneously with the objection to claim. If the “if and only if” notice procedure is utilized, the notice must conform substantially to the provisions of LBR 9007-1(d). (c) Orders. For any portion of an objection to a claim sustained by the court, the language of the order must track the language of the relief sought in the objection.