New Form Objection to Claim (San Jose/Salinas)

Wednesday, July 11, 2018

Effective August 1, 2018, the use of a new form objection to claim will become mandatory in the San Jose and Salinas divisions.  Word and .pdf versions of this form are attached.  This revised form provides for a 30-day notice period, which is required by Rule 3007(a) and B.L.R. 3007-1(c).  It also requires, consistent with B.L.R. 9013-1(b) and (d), that factual assertions be supported with concurrently filed declarations and that legal arguments be supported by a concurrently filed memorandum of points and authorities that cites to and discusses relevant authority.  Please be advised that the court is working with a diverse ad hoc committee of attorneys and trustees to revisit the court's rules and guidelines regarding attorney compensation in Chapter 13 cases and will be addressing, among many other things, whether this new form justifies an increase in attorney fees.