CACB — TCG Supplement 3007-1: Objections to Claims

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/the-central-guide/TCGSupp3007-1_Objections-to-Claims.pdf

The Central Guide Supplement to LBR 3007-1

Filing Claims and

Objections to Claims

The Central Guide Supplement 3007-1 April 2022

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The Central Guide Supplement 3007-1 April 2022

Proof of Claim

Parties may file a Proof of Claim (Official Form 410) either online, in person, or
by mail. There is no fee for filing a Proof of Claim.

(a) Electronic Proof of Claim (ePOC). Creditors can use the court’s Electronic
Proof of Claim (ePOC) system to complete and file a Proof of Claim. Visit
the court’s website at www.cacb.uscourts.gov/epoc-electronic-proof-claim
to access or learn more about ePOC.

(b) CM/ECF. Attorneys registered to use CM/ECF may electronically file Proofs
of Claims through CM/ECF.

(c) Proof of Claim Delivered by Mail or in Person to Division Where Case Is
Pendng:

(1) Obtain a free Proof of Claim form (and Instructions for Proof of Claim)
from either the court’s website at www.cacb.uscourts.gov/forms/proof-
claim or any bankruptcy court. You may mail your request for a blank
printed Proof of Claim form to the division where the bankruptcy case
is pending (see Quick Guide to the Court, section 1.1, or Appendix
A for division addresses):

(2) File the completed Proof of Claim form by either mailing or delivering
it to the division where the case is pending (see TCG section 1-02 for
division addresses). To receive a “filed” stamped copy of a Proof of
Claim that is delivered or mailed to the Court, provide a copy of the
claim at the time of filing (along with a self-addressed, stamped
envelope if the Proof of Claim is mailed to the Court).

(d) Additional Forms that may be filed with a Proof of Claim Form Involving
Mortgage Payments. Three forms related to proofs of claims involving a
mortgage may be attached to the Proof of Claim. The forms and
instructions for these forms are available on the court’s website at proof-
claim:

(1) Mortgage Proof of Claim Attachment form (Official Form 410A). If
you file a claim secured by a security interest in the debtor’s principal
residence, you must use this form as an attachment to your Proof of
Claim form.

(2) Notice of Mortgage Payment Change form (Official Form 410S-1). If
you file a claim secured by a security interest in the debtor’s principal
residence provided for under the debtor’s plan pursuant to §
1322(b)(5), you must use this form to give notice of any changes in
the installment payment amount. File this form as a supplement to
your Proof of Claim form at least 21 days before the new payment
amount is due (see FRBP 3002.1).

The Central Guide Supplement 3007-1 April 2022

(3) Notice of Postpetition Mortgage Fees, Expenses, and Charges form (Official Form 410S-2). If you hold a claim secured by a security interest in the debtor’s principal residence, you must use this form to give notice of any postpetition fees, expenses, and charges that you assert are recoverable against the debtor or against the debtor’s principal residence. File this form as a supplement to your Proof of Claim form (see FRBP 3002.1).

Multiple Objections to Claims Calendar

(a) General Procedure for Filing More than 20 Objections to Claims.

(1) Pursuant to LBR 3007-1(a)(5), if more than 20 objections to claims
are noticed for hearing on a single calendar, the objector must submit
a Multiple Objections to Claim Calendar.

(2) A Portable Document Format (.pdf) version of the calendar listing
(see Exhibit 1 for a list of the requirements) including a cover page
(see Exhibit 2) must be electronically filed via the CM/ECF system.
The calendar listing (see Exhibit 3) should be organized by type of
objection and should specify the following information for each claim
in order of claim number or alphabetical order:

(A) The claims docket number;

(B) The claimant’s name;

(C) The amount of the claim;

(D) The basis for the objection; and

(E) The portion of the claim subject to the objection (if
different from the total amount of the claim).

(b) Exception to General Procedure. Many judges have their own procedure.
Please consult the judge’s section of the court’s website at
<www.cacb.uscourts.gov> -> Judges for specific requirements (if any)
and/or call the courtroom deputy for the particular judge. Telephone
contacts are located in Appendix A of this Court Manual.

The Central Guide Supplement 3007-1 April 2022

EXHIBIT 1

Calendar Format

The calendar must be submitted in the following format:

1. Typed on a 8-1/2" x 11" page using uppercase and lowercase letter quality characters using Courier 10-point font.

2. The document must contain a header on the first page only as follows:

   (if applicable)

   Portion of Claim

   Claim Basis for Subject to Number Claimant Name Claim Amount Objection Objection*

3. The claimant information must be typed with no more than 10 claims blocks per page. In cases where the claimant name is longer than the allowed 20 characters, the name should be continued on the next line.

4. Each line of the text must contain no more than 75 characters maximum and should not extend within one-half inch of any edge of the page.

5. Each block must consist of no more than 4 lines with at least 1 blank line between each.

6. The document must contain the original amount of the claim and, if different from the total amount of the claim, the portion of the claim subject to the objection.

7. The document must have a cover page containing the Case Name, Case

Number, Title of Document, Hearing Date, Hearing Time, and Judge. Please see examples in Exhibits 2 and 3.

*If different from the total amount of the claim.

The Central Guide Supplement 3007-1 April 2022

EXHIBIT 2

Sample Cover Page for Multiple Objections to Claim

Advent Development Corp. 6:21-bk-00000-WJ Hrg RE: Trustee’s Motion to Disallow Claim of Andrews Adjustment Service for Insufficient Documentation

Hearing Date: September 30, 2021 Hearing Time: 2:00 PM Judge: Hon. Wayne Johnson

The Central Guide Supplement 3007-1 April 2022

EXHIBIT 3

Sample Calendar Listing for Multiple Objections to Claims

(If applicable)
Claim Claimant Claim Basis of Portion of Claim
Number Name Amount Objection Subject to
Objection

PRIORITY

Dept. of

101 Treasury- IRS $62,000.00 Duplicate Claim

Jones & Smith,

124 a Legal Corp. $45,987.00 Late Claim

State of Calif.- Franchise Tax

149 Board $3,200.00 Duplicate Claim

SECURED

Security Western National Bank,

102 Inc. $8,885.00 Duplicate Claim

Reliable Credit 5,000.00

129 Services $6,895.00 Disputed Amt.

UNSECURED

135 America Online $389.00 Late Claim

170 Pacific Bell $1,034.00 Duplicate Claim $1,200.00 178 Gordon Industries $5,900.00 Disputed Amt.

American Express

181 Financial Serv. $14,000.00 Duplicate Claim

202 Sears $6,123.00 Late Claim $8,000.00 284 FMAC $548,000.00 Disputed Amt.

The Central Guide Supplement 3007-1 April 2022