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(a) In General. On a party in interest’s request, after notice and a hearing, the court may determine the amount of a secured claim under § 506(a) or the amount of a priority claim under § 507. The notice must be served on:
- the claim holder; and
- any other entity the court designates.
(b) Determining the Amount of a Claim.
(1) Secured Claim. Except as provided in (c), a request to determine the amount of a secured claim may be made by motion, in an objection to a claim, or in a plan filed in a Chapter 12 or 13 case. If the request is included in a plan, a copy of the plan must be served on the claim holder and any other entity the court designates as if it were a summons and complaint under Rule 7004.
(2) Priority Claim. A request to determine the amount of a priority claim may be made only by motion after the claim is filed or in an objection to the claim.
(c) Governmental Unit’s Secured Claim. A request to determine the amount of a governmental unit’s secured claim may be made only by motion―or in an objection to a claim―filed after:
(1) the governmental unit has filed the proof of claim; or
(2) the time to file it under Rule 3002(c)(1) has expired.
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| Article | Date |
|---|---|
| The Rule 3001(f) Presumption of Claim Validity Doesn’t Include the Value of Collateral | 07/04/2025 |
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