Objection To Claim Notice Of Hearing And Order

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF NEW YORK Chapter Case No. OBJECTION TO CLAIM NOTICE OF HEARING AND ORDER Debtor(s) NOTICE NOTICE is hereby given of the objection by [Trustee, Debtor or other party] to your claim in the Western District of New York. A hearing on the objection will be held at the United States Bankruptcy Court, , , , 20 at A.M. only if a written request for a New York, on hearing is filed by the claimant as outlined below. "PURSUANT TO FRBP 9014 AND THE STANDING ORDERS IMPLEMENTING DEFAULT PROCEDURES IN ROCHESTER AND WATKINS GLEN; IF YOU INTEND TO OPPOSE THE MOTION, AT A MINIMUM, YOU MUST SERVE: (1) THE MOVANT AND MOVANT'S COUNSEL, AND (2) IF NOT THE MOVING PARTY (A) THE DEBTOR AND DEBTOR'S COUNSEL; AND (B) IN A CHAPTER 11 CASE, THE CREDITORS' COMMITTEE AND ITS ATTORNEY, OR IF THERE IS NO COMMITTEE, THE 20 LARGEST CREDITORS; AND (C) ANY TRUSTEE. IN ADDITION, YOU MUST FILE WITH THE CLERK OF THE BANKRUPTCY COURT WRITTEN OPPOSITION TO THE MOTION NO LATER THAN THREE (3) BUSINESS DAYS PRIOR TO THE RETURN DATE OF THE MOTION NOTWITHSTANDING THE DECEMBER 1, 2009 AMENDMENTS TO FRBP 9006(a) . IN THE EVENT THAT NO WRITTEN OPPOSITION IS SERVED AND FILED, NO HEARING ON THE MOTION WILL BE HELD ON THE RETURN DATE AND THE COURT WILL CONSIDER THE MOTION UNOPPOSED." IF YOU OPPOSE THE OBJECTION TO YOUR CLAIM, YOU MAY WANT TO ATTEMPT TO RESOLVE AND SETTLE THE CLAIM OBJECTION PRIOR TO FILING WRITTEN OPPOSITION AND AVOID THE NEED FOR AN ATTORNEY AND/OR A COURT APPEARANCE. OBJECTION TO CLAIM The objecting party objects to the following claim in this case: Claimant's Name: Claim #: Amount $ DETAILED BASIS OF OBJECTION INCLUDING GROUNDS FOR OVERCOMING ANY PRESUMPTION UNDER RULE 3001(f) Dated: Objecting Party Address City/State/Zip American LegalNet, Inc. www.FormsWorkFlow.com (PLEASE SEE REVERSE) This Notice and Objection are being sent to the Debtor, Debtor's Attorney, Chapter 7, 11, 12 or 13 Trustee, United States Trustee, Claimant, Claimant's Attorney (if known) or person designated as Power of Attorney, and any Creditors' Committee or Attorney for the Creditors' Committee. (SAMPLE ORDER) CASE NO. There having been no opposition to the herein objection to the claim of in the amount of $ of the claim, it is hereby ORDERED the claim is: and the Court having considered the objection and determined the sufficiency DISALLOWED ALLOWED AS A TIMELY FILED CLAIM IN THE AMOUNT Of $ ALLOWED AS A TARDILY FILED CLAIM IN THE AMOUNT OF $ OTHER (Complete if applicable) DATED: Honorable Paul R. Ninfo, II John C. Warren Honorable Paul R. Warren United States Bankruptcy Judge United States Bankruptcy Judge (THIS SAMPLE ORDER WAS INTENTIONALLY DRAFTED TO PROVIDE THE MOST BASIC STRUCTURE FOR ORDERS RESULTING FROM NOTICES OF OBJECTION TO CLAIMS(S). THE COURT RECOGNIZES THAT THERE WILL BE A BROAD SPECTRUM OF ORDERS ADDRESSING CLAIMS WHICH WILL REFLECT VARYING COMPLEXITY.) (Rev. 3/15/12) (Rev.12/01/09) American LegalNet, Inc. www.FormsWorkFlow.com