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L. Rule 3007-1. OBJECTIONS TO CLAIM

(a) Unless otherwise ordered by the Court in a particular case: (1) if a timely response is filed
     to an objection to a proof of claim, then the objecting party and the claimant will be provided
     with at least 30 days notice of the hearing on the objection, and (2) a hearing will not be
     automatically set on an objection to claim unless a timely response is filed to the objection.  
     Objections to claims are contested matters and may be made on negative notice as set forth in
     L.Rule 9014-1.

(b) All Objections to claims shall specifically set forth all bases for the objection. General
     denials regarding the accuracy of the claim without specific contentions regarding the disputed
     items may result the Court denying the Objection.

(c) An objection to a proof of claim, and the related proposed order, shall be titled “OBJECTION TO
     CLAIM # (CLAIMS REGISTER NUMBER) OF (NAME OF CLAIMANT), WITH NOTICE THEREOF.”

(d) An objection to a proof of claim must state in bold print immediately below the title:

     This is an objection to your claim in this bankruptcy case. This objection asks the Court to
     disallow (eliminate), reduce, or modify your claim as set forth in this objection. If you do not
     file a written response to this objection within 30 days from the date of mailing of this
     objection, the Court may disallow (eliminate), reduce, or modify your claim as set forth in this
     objection, without a hearing being held.

     Any response to this objection must explain your position and be timely filed with the United
     States Bankruptcy Clerk, Western District of Texas, [Insert mailing address of applicable Clerk’s office].
     If a timely response is filed, the Court will then set a hearing on the objection, and you will be
     provided with notice of the date, time, and place of the hearing. If you do not attend the hearing,
     the Court may decide that you do not oppose the objection to your claim.

(e) In a chapter 13 case, and regardless of whether or not the debtor properly schedules a claim, a
     creditor must file a proof of claim by the applicable deadline to receive a distribution under the
     plan as confirmed. Upon confirmation of the plan, no objection to a late-filed claim shall be
     necessary; such late-filed claims are deemed disallowed unless otherwise ordered by the Court.  The
     burden is on the claimant to request allowance of any late-filed claim, by motion with negative
     notice language as set forth in L. Rule 9014-1.

(f) Chapter 13 Trustee’s Notice of Intent to Pay Claims.

     a.  After the deadline for filing proofs of claim has passed, the chapter 13 trustee is authorized,
          but not required, to file a Trustee’s Notice of Intent to Pay Claims (“NIPC”) and serve a copy upon 
          the debtor, the debtor’s counsel, and all parties listed on the master mailing matrix.

     b. The NIPC shall serve primarily as a reconciliation device between the claims registry, Schedules
         D, and E/F, and the confirmed chapter 13 plan. Because the NIPC serves as a notice regarding the
         trustee’s reconciliation process and does not require Court approval, no negative notice language
         nor any proposed order is required to accompany the NIPC upon filing.

 

L. Rule 3005-1. FILING OF CLAIM, ACCEPTANCE, OR REJECTION BY GUARANTOR, SURETY, ENDORSER, OR OTHER CREDITOR LOCAL COURT RULES INDEX L. Rule 3011-1. UNCLAIMED FUNDS IN CHAPTER 7 LIQUIDATION, SUBCHAPTER V OF CHAPTER 11 SMALL BUSINESS DEBTOR REORGANIZATION, CHAPTER 12 FAMILY FARMER'S DEBT ADJUSTMENT, AND CHAPTER 13 INDIVIDUAL'S DEBT ADJUSTMENT CASES