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FRBP 3008 Reconsideration of Claims (Judge Gargotta)

In re Becker (Aug. 12, 2010)
Issue: Do the Western District’s Local Rules regarding 21-day negative notice conflict with Federal Rule 3007’s requirement that the claimant be served 30 days before a hearing on the objection?
Holding: Since the Movant did not respond to the objection to claim, he did not receive a hearing. When no hearing is requested within the negative notice period, Bankruptcy Rule 3007’s requirement of providing a party thirty day notice of a hearing becomes irrelevant. The Motion to Reconsider is denied.