US · rules
Fed. R. Bankr. P. 3012
Determining the Amount of a Secured or Priority Claim
(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) G OVERNMENTAL 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.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 27, 2017, eff. Dec.
1, 2017; Apr. 2, 2024, eff. Dec. 1, 2024.)
Provenance
- Source
- uscourts.gov
- Retrieved
- 2026-09-03
- Edition
- 2026-08-19
- Content hash
6172d8847c924ffc31b7987d9927fb65eab835497533ac5f875d282a70ec8de6
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