Time-computation adjustments have been made, as needed, to

U.S. Bankruptcy Court for the Eastern District of Virginia

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Eastern District of Virginia

Rule: 3003-1

Jurisdiction: EDVAB

Bluebook Citation: Bankr. E.D. Va. R. 3003-1

All Rules: Bankr. E.D. Va. Local Bankruptcy Rules, complete index


Text

conform to a revision to the Federal Rules of Bankruptcy Procedure that takes effect December 1, 2009. Stylistic changes have been made to the text of the LBR as well. [Changes effective 12/01/09.] RULE 3004-1 FILING OF CLAIMS BY DEBTOR OR TRUSTEE A debtor’s attorney or a trustee electronically filing a proof of claim on behalf of a creditor under FRBP 3004 shall be responsible for giving notice of such filing to the creditor, debtor and trustee as required by that rule and shall attach to the proof of claim a certification of such notice. 41 RULE 3007-1 OBJECTIONS TO CLAIMS Comments 3004-1This rule is new and provides that a debtor’s attorney or trustee filing a proof of claim on a creditor’s behalf give notice of such filing to the indicated persons, and attach a certification to that effect. [New Rule effective 12/1/15.] RULE 3007-1 OBJECTIONS TO CLAIMS (A) Contents of Objection: All objections to claims shall state with particularity the grounds therefor and shall set forth the relief or order sought. (B) How Objection Heard: A hearing on an objection to claim is not required unless the creditor files a response or requests a hearing.

If the creditor serves and files a timely response in opposition or request for a hearing, it is the responsibility of the objecting party to set a hearing and give notice to the creditor of the hearing date, time, and location. The hearing date must be selected from the assigned Judge’s hearing dates web page located on the Court’s web site based upon the type of motion and applicable chapter of the bankruptcy case. The hearing date selected must be after the expiration of the response period set forth in paragraph (D) hereof and must allow for at least 14 days’ notice of the hearing. (C) Number of Copies: [Repealed] (D) Requirement of Written Response: A creditor served with an objection to claim may file and serve on the objecting party, a response thereto within 30 days of service.

If no response in opposition is filed, the court may treat the objection as conceded, and may enter an order without holding a hearing disallowing the claim in whole or part as set forth in the objection to claim. (E) Notice: Each objection to claim, whether set to request a hearing or accompanied by notice of opportunity for hearing, shall contain or be accompanied by the following notice substan- tially in accordance with Official Form 420B, “NOTICE OF OBJECTION TO CLAIM”, and also providing notice to the creditor in substantially the following form, using bold print and capitalized text: NOTICE UNDER LOCAL BANKRUPTCY RULE 3007-1, UNLESS A WRITTEN RESPONSE IN OPPOSITION AND A REQUEST FOR HEARING ON THIS OBJECTION ARE FILED WITH THE CLERK OF THE COURT AND SERVED ON THE OBJECTING PARTY AND THE TRUSTEE WITHIN 30 DAYS OF THE SERVICE OF THIS OBJECTION, THE COURT MAY DEEM ANY OPPOSITION WAIVED, TREAT THE OBJECTION AS CONCEDED, AND ENTER AN ORDER GRANTING THE REQUESTED RELIEF WITHOUT A HEARING. Comments The addition of this rule was made to clarify the procedures with regard to objections to claims. Given that FRBP 3007 expressly deals with objec- tions to claims, the decision was made to add this rule and amend LBR 9013-1 as required.

In addition, it notes the use of the Official Form 20B 42 RULE 3011-1 UNCLAIMED FUNDS that was approved by the Judicial Conference at its September 1997 meet- ing with the mandatory implementation date of March 1, 1998.

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