Objecting to a Claim

U.S Code last checked for updates: Jan 30, 2025

Rule 3007.

(a)

Time and Manner of Serving the Objection.

(1)

Time to Serve. An objection to a claim and a notice of the objection must be filed and served at least 30 days before a scheduled hearing on the objection or any deadline for the claim holder to request a hearing.

(2)

Whom to Serve; Manner of Service.

(A)

Serving the Claim Holder. The notice—substantially conforming to Form 420B—and objection must be served by mail on the person the claim holder most recently designated to receive notices on the claim holder’s original or latest amended proof of claim, at the address so indicated. If the objection is to a claim of:

(i)

the United States or one of its officers or agencies, service must also be made as if it were a summons and complaint under Rule 7004(b)(4) or (5); or

(ii)

an insured depository institution as defined in section 3 of the Federal Deposit Insurance Act, service must also be made under Rule 7004(h).

(B)

Serving Others. The notice and objection must also be served, by mail (or other permitted means), on:

• the debtor or debtor in possession;

• the trustee; and

• if applicable, the entity that filed the proof of claim under Rule 3005.

(b)

Demanding Relief That Requires an Adversary Proceeding Not Permitted.

In objecting to a claim, a party in interest must not include a demand for a type of relief specified in Rule 7001 but may include the objection in an adversary proceeding.

(c)

Limit on Omnibus Objections.

Unless the court orders otherwise or (d) permits, objections to more than one claim may not be joined in a single objection.

(d)

Omnibus Objection.

Subject to (e), objections to more than one claim may be joined in a single objection if:

(1)

all the claims were filed by the same entity; or

(2)

the objections are based solely on grounds that the claims should be disallowed, in whole or in part, because they:

(A)

duplicate other claims;

(B)

were filed in the wrong case;

(C)

have been amended by later proofs of claim;

(D)

were not timely filed;

(E)

have been satisfied or released during the case in accordance with the Code, applicable rules, or a court order;

(F)

were presented in a form that does not comply with applicable rules and the objection states that the objector is therefore unable to determine a claim’s validity;

(G)

are interests, not claims; or

(H)

assert a priority in an amount that exceeds the maximum amount allowable under § 507.

(e)

Required Content of an Omnibus Objection.

An omnibus objection must:

(1)

state in a conspicuous place that claim holders can find their names and claims in the objection;

(2)

list the claim holders alphabetically, provide a cross-reference to claim numbers, and, if appropriate, list claim holders by category of claims;

(3)

state for each claim the grounds for the objection and provide a cross-reference to the pages where pertinent information about the grounds appears;

(4)

state in the title the objector’s identity and the grounds for the objections;

(5)

be numbered consecutively with other omnibus objections filed by the same objector; and

(6)

contain objections to no more than 100 claims.

(f)

Finality of an Order When Objections Are Joined.

When objections are joined, the finality of an order regarding any claim must be determined as though the claim had been subject to an individual objection.

(As amended Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 27, 2017, eff. Dec. 1, 2017; Apr. 14, 2021, eff. Dec. 1, 2021; Apr. 2, 2024, eff. Dec. 1, 2024.)