District of Nevada - Local Rules 12/1/09

LR 3007. CLAIMS - OBJECTIONS.

(a) Form of objection. In an objection to claim, the following procedures apply:

(1) The objection must identify the holder of the claim, the amount of the claim, the date the claim was filed, and the number assigned to the claim on the claims docket;

(2) The objection must contain a statement of the grounds for the objection; and

(3) Unless grounds are stated for objecting to the entire claim, the objection must state the amount of the claim that is not in dispute; and

(4) A copy of the first page of the proof of claim must be attached to the objection.

(b) Responses to objection to claims. The time for filing a response to an objection to a claim and of the filing of any reply to such a response, is governed by the time limits set out in LR 9014(d)(1) and (2). A response to an objection is sufficient if it states that written documentation in support of the proof of claim has already been provided to the objecting party and that the documentation will be provided at any evidentiary hearing or trial on the matter.

(c) Hearing on objections. If a written response is not timely filed and served, the court may grant the objection without calling the matter and without receiving arguments or evidence. If a response is timely filed and served, the court may treat the initial hearing as a status and scheduling hearing if the court determines that further evidence must be taken to resolve a material factual dispute. Unless the court orders otherwise or for good cause, live testimony will not be presented at the first date set for hearing. The judge may order a further hearing at which oral evidence and exhibits will be received, or may, as appropriate, order that all evidence be presented by affidavit or declaration.

(d) Bar date for filing objections to claims in chapter 11 cases. Unless otherwise extended by court order, all objections to claims in a chapter 11 case must be filed within sixty (60) days after entry of an order confirming the chapter 11 plan.

(e) Service. In addition to any other service required, the objection must be served on the creditor at the address shown in the proof of claim as the notice address.