Rule 3007-1.     Claims - Objections

          (a)     Claim Objections in Chapter 11 Cases. Unless otherwise ordered by the court or provided by the plan, objections to claims in chapter 11 cases must be filed and served no later than ten days after the entry of an order of confirmation.

          (b)     Claim Objections in Chapter 12 and 13 Cases. Absent a court order approving an extension of time, objections to claims in chapter 12 and 13 cases must be filed and served within 90 days of the trustee's service of the "Notice of Claims Filed" in the Albany court and within 90 days of the trustee's service of the "Motion to Allow Claims" in the Utica court.

                    (1)     Debtor's Objection to Additional or Amended Claim. Unless the court orders otherwise, if an amended claim is filed or a claim is filed pursuant to Local Bankruptcy Rule 3001-1(c), objections must be served within 90 days of the service of the Notice of Additional or Amended Claim by the trustee.

                    (2)     Secured Claims. An entity holding an allowed secured claim that obtains relief from stay shall not continue to receive the payments provided for in the confirmed plan once the trustee receives the order granting the relief. Funds to be disbursed by the trustee on the allowed secured claim shall be held in reserve and paid to the secured creditor only upon consent of the parties or upon application and order of the court.

                    (3)     The affected creditor referred to in subsection (b)(2) shall retain the right to file an amended claim. The amended claim shall state:

                             (A)     the date and terms of the disposal of the secured property;

                             (B)     the name of the entity to whom the secured property was transferred;

                             (C)     the consideration received therefor; and

                             (D)     a detail of all charges claimed in retaking, holding and disposing of the property.
 
 

Comment

          Subsection (a) of this rule sets a date by which objections to claims must be filed in chapter 11 cases in order to expedite the resolution of administrative matters remaining after confirmation. In many chapter 11 cases, a plan proponent should and will file objections to claims earlier and well in advance of confirmation in order to have objections resolved prior to confirmation.

          Subsection (b) of this rule presumes that a creditor who has obtained relief from the stay will proceed to recover the collateral securing its loan thereby obviating the necessity of continued payments on the secured portion of the claim. Despite stay relief, however, the rule encourages the parties to resolve outstanding issues to allow continued payment on the secured claim under the terms of the confirmed plan.