CANB — Form Objection to Claim (rev'd May

Source: https://www.canb.uscourts.gov/sites/default/files/forms/Form%20Objection%20to%20Claim%20%28rev%27d%20May%202018%29.pdf

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA

In re: Chapter Case No.

OBJECTION TO CLAIM; NOTICE OF OPPORTUNITY FOR HEARING; CERTIFICATE OF SERVICE CLAIMANT:

Debtor(s)_________________________________/ CLAIM NO:

The Debtor(s) [or Trustee] object(s) to the allowance of the claim described as: NAME & ADDRESS OF CLAIMANT (as set forth on Proof of Claim) DOLLAR AMT DATE FILED * * * * The basis for the objection is that the claim: ___ duplicates claim no. ______ filed on _____________________ by _____________________________________. ___ does not include a copy of the underlying judgment. ___ does not include a copy of the security agreement and evidence of perfection. ___ fails to assert grounds for priority. ___ does not include a copy of the assignment(s) upon which it is based. ___ appears to include interest or charges accrued after the filing of this case on ______________________________. ___ is not timely filed.

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As set forth in B.L.R. 9013-1(b) and (d), to the extent the basis for the objection relies upon factual assertions, such assertions must be supported by a declaration, and to the extent the basis for the objection relies upon legal assertions, such assertions must be supported by a memorandum of points and authorities. The Objecting Party will ask the Court to enter an Order providing that the claim is: ___ allowed as a secured claim in the amount of: $. ___ allowed as an unsecured claim in the amount of: $. ___ allowed as a priority claim in the amount of: $________________________. ___ disallowed in its entirety ___ ___________________________________________________________________________________________.

NOTICE IS HEREBY GIVEN, pursuant to FRBP 3007, as modified by B.L.R. 3007-1(c) and 9014-1, that: (1) Any objection to the requested relief, or a request for hearing on the matter, must be filed and served upon the initiating party within 30 days of mailing the notice; (2) Any objection or request for a hearing must be accompanied by any declarations or memoranda of law any requesting party wishes to present in support of its position;

(3) If there is no timely objection to the requested relief or a request for hearing, the court may enter an order granting the relief by default.

(4) In the event of a timely objection or request for hearing, the initiating party will give at least seven days written notice of the hearing to the objecting or requesting party, and to any trustee or committee appointed in the case.

Dated:______________________________ ________________________________________________ [Attorney for] Objecting Party DEBTOR(S’) ADDRESS: *

• • Telephone:

CERTIFICATE OF SERVICE

I am not less than 18 years of age and not a party to the within case. My business address is: ___________________________________ ___________________________. I served this OBJECTION TO CLAIM; NOTICE OF OPPORTUNITY FOR HEARING by first-class United States Mail, postage pre-paid, at ___________________________, California, on the date noted below and addressed to the Claimant above, and on those listed below. If entitled to notice, the Chapter 13 Trustee will receive such notice upon the electronic filing of this document I declare, under penalty of perjury, that the foregoing is true and correct.

Dated: ____________ at ________________, California. _________________________________

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Rev. 4/2018