(a) Objection to Claims. An objection
to the allowance of a claim shall be in writing and filed. A copy of
the objection with notice of the hearing thereon shall be
mailed or otherwise
delivered to the claimant, the
debtor or
debtor in possession and the trustee at least 30
days prior to the hearing.
(b) Demand for Relief Requiring an Adversary Proceeding. A party in interest shall not include a demand for
relief of a kind specified in Rule
7001 in an objection to the allowance
of a claim, but may include the objection in an adversary proceeding.
(c) Limitation on Joinder of Claims Objections. Unless otherwise ordered by the court or permitted
by subdivision (d), objections to more than one claim shall not be
joined in a single objection.
(d) Omnibus Objection. Subject to
subdivision (e), objections to more than one claim may be joined in an
omnibus objection if all the claims were filed by the same entity, or
the objections are based solely on the grounds that the claims should be
disallowed, in whole or in part, because:
(1) they duplicate other claims;
(2) they have been filed in the
wrong case;
(3) they have been amended by
subsequently filed proofs of claim;
(4) they were not timely filed;
(5) they have been satisfied or
released during the case in accordance with the Code, applicable rules,
or a court order;
(6) they were presented in a form
that does not comply with applicable rules, and the objection states
that the objector is unable to determine the validity of the claim
because of the noncompliance;
(7) they are interests, rather
than claims; or
(8) they assert priority in an
amount that exceeds the maximum amount under § 507 of the Code.
(e) Requirements for Omnibus Objection.
An omnibus objection shall:
(1) state in a conspicuous place
that claimants receiving the objection should locate their names and
claims in the objection;
(2) list claimants alphabetically,
provide a cross-reference to claim numbers, and, if appropriate, list
claimants by category of claims;
(3) state the grounds of the
objection to each claim and provide a cross-reference to the pages in
the omnibus objection pertinent to the stated grounds;
(4) state in the title the
identity of the objector 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 Objection. The
finality of any order regarding a claim objection included in an omnibus
objection shall be determined as though the claim had been subject to an
individual objection.
(Amended Apr. 30, 1991, eff. Aug. 1, 1991; April 30, 2007, eff. Dec. 1, 2007.)
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