Local Bankruptcy Rules – Western District Of Oklahoma

| Local Bankruptcy Rules

RULE 3007-1 OBJECTIONS TO CLAIMS

A. Proofs of interest. BankruptcyRule 3007 applies to objections to proofs of interest.

B. Filing and Service of Objections. Any entity objecting to any claim shall file a written objection. The objection shall be served upon the claimant, the debtor or debtor-in-possession and the trustee, and a certificate of service shall be filed with the Court pursuant to Local Rule 9007-1. All objections to claims and responses shall be filed without any attachments or accompanying exhibits or supplements.

C. Content of Objection; Notice of Opportunity for Hearing; Notice of Hearing. The written objection shall include the following: (1) the claimant and claim number; (2) the basis of the objection and legal authority therefor; (3) at least thirty-three (33) days notice of the hearing on the objection, as required by Bankruptcy Rule 3007; (4) notice that responses to the objection must be filed within fourteen (14) days; (5) a statement that a failure to timely respond may result in the objection being sustained by the Court without further notice or hearing pursuant to Local Rule 9013-1.E.; and, (6) a notice of hearing (to be held if a response is filed). The body of any objection to a claim must contain the following statements:

NOTICE OF OPPORTUNITY FOR HEARING

Your rights may be affected. You should read this document carefully and consult your attorney about your rights and the effect of this document. If you do not want the Court to sustain the objection, or you wish to have your views considered, you must file a written response to the objection with the Clerk of the United States Bankruptcy Court for the Western District of Oklahoma, 215 Dean A. McGee Avenue, Oklahoma City, OK 73102 no later than 14 days from the date of filing of the objection. You should also serve a file-stamped copy of the response to the undersigned [and others who are required to be served] and file a certificate of service with the court. If no response is timely filed, the court may sustain the objection and strike the scheduled hearing without further notice.

NOTICE OF HEARING

(TO BE HELD IF A RESPONSE IS FILED)

Notice is hereby given that if a response to the ____________is filed, the hearing on the matter will be held on __________, 20__, at ____ __.m. in the _______ floor courtoom of the United States Bankruptcy Court for the Western District of Oklahoma, 215 Dean A. McGee Avenue, Oklahoma City, OK 73102. If no response is timely filed and the court grants the requested relief prior to the above-referenced hearing date, the hearing will be stricken from the docket of the Court.

D. No Response. If a timely response to a claim objection is not filed and served within fourteen (14) days after the objection is filed, the objecting party shall upload a proposed order to the Court, pursuant to the ECF Guidelines and shall notify the Court that the hearing on the objection may be stricken. [Note – this is a flat fourteen (14) days regardless of manner of service.]

E. Omnibus Objections to Claims. Leave to file omnibus objections to claims may be granted pursuant to application and order of the Court.