Determining the Amount of a Secured or Priority Claim

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

Rule 3012.

(a)

In General.

On a party in interest’s request, after notice and a hearing, the court may determine the amount of a secured claim under § 506(a) or the amount of a priority claim under § 507. The notice must be served on:

• the claim holder; and

• any other entity the court designates.

(b)

Determining the Amount of a Claim.

(1)

Secured Claim. Except as provided in (c), a request to determine the amount of a secured claim may be made by motion, in an objection to a claim, or in a plan filed in a Chapter 12 or 13 case. If the request is included in a plan, a copy of the plan must be served on the claim holder and any other entity the court designates as if it were a summons and complaint under Rule 7004.

(2)

Priority Claim. A request to determine the amount of a priority claim may be made only by motion after the claim is filed or in an objection to the claim.

(c)

Governmental Unit’s Secured Claim.

A request to determine the amount of a governmental unit’s secured claim may be made only by motion—or in an objection to a claim—filed after:

(1)

the governmental unit has filed the proof of claim; or

(2)

the time to file it under Rule 3002(c)(1) has expired.

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 27, 2017, eff. Dec. 1, 2017; Apr. 2, 2024, eff. Dec. 1, 2024.)