Rule 3012 Federal Rules of Bankruptcy Procedure

Rule 3012 of the Federal Rules of Bankruptcy Procedure is about Determining the Amount of a Secured or Priority Claim. It is under Part III (Claims and Distribution to Creditors and Equity Interest Holders; Plans) of the Rules.

(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.