United States Bankruptcy Court
for the District of Colorado
(a) Procedure for Objections: Any party objecting to the allowance of any claim shall file an objection stating with particularity the allegations of fact and grounds for the objection. The objection, together with a notice and opportunity to request a hearing on the objection pursuant to L.B.R. 202, shall be served upon the claimant and, if applicable, the debtor, the trustee, and counsel of record for any person so served, and a proof of service shall be filed with the Court on or before the court action date on the notice. Any claimant so served who does not respond and request a hearing will be deemed to have confessed the objection and consented to the entry of an order as prayed in the objection.
(b) Trustee's Objections to Claims in Chapter 13 Cases:
(1) As soon as practicable after the expiration of the last day for filing of claims in each case, the Standing Chapter 13 Trustee shall submit to the debtor and debtor's attorney a report of claims filed. The Standing Chapter 13 Trustee shall file with the court a certificate of compliance with this Rule;
(2) Within fifteen (15) days from the date of the Standing Chapter 13 Trustee's report of claims filed, the debtor shall make and file with the Standing Chapter 13 Trustee a written response to the report, which shall set forth the grounds for objections to claims. The debtor's failure to make and file the response shall constitute a waiver of all objections thereto; provided, however, that for good cause shown, the court may relieve the debtor from the effects of this Rule to prevent manifest injustice;
(3) If the debtor's response to the Standing Chapter 13 Trustee's report of claims makes objection to the allowance, amount, or classification of any of the claims filed, the Standing Chapter 13 Trustee or the debtor may file an objection to such claims and give notice thereof as specified in subsection (a), supra;
(4) In addition to the foregoing procedures, it shall be the duty of
the Standing Chapter 13 Trustee to examine all proofs of claims and if appropriate, the
Standing Chapter 13 Trustee shall make objection thereto in the manner specified in
subsection (a), supra.
Return to Top of Page
Return to Index to Rules
Return to Colorado Bankruptcy Court Home Page: Sites to Visit at the Bankruptcy Court
Developed and maintained by the United States Bankruptcy Court for the District of Colorado.