Free 3007 - Texas

TXEB Local Form 3007 (revised 1-18-06 to alter required caption)

IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF TEXAS ______________ DIVISION

IN RE: NAME OF DEBTOR Last 4 Digits of Tax ID No. Debtor's Address Debtor

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Case No. xx-xxxxx

Chapter _____

ORDER SUSTAINING DEBTORS' OBJECTION TO PROOF OF CLAIM # [Claim Number] FILED BY [Name of Claimant] ON THIS DATE the Court considered the Debtors' objection to proof of claim # [claim number] filed by [name of claimant] (the "Claimant") on or about [date claim was filed] in the amount of $[amount of claim]. The Debtors filed such objection on [date objection was filed]. The Court finds that the objection to claim contains proof sufficient to overcome the presumption of validity imposed by Fed. R. Bankr. P. 3001(f) and was properly served pursuant to the Federal and Local Rules of Bankruptcy Procedure. The Court further finds that the objection contained the appropriate twenty (20)-day negative notice language, pursuant to LBR 9007, which directed the Claimant to file a written response within twenty days or the objection to claim would be deemed by the Court to be unopposed. Due to the failure of the Claimant to file a timely written response to the objection, the Court deems the Debtors' claim objection to be unopposed and, therefore, the Court finds that just cause exists for the entry of the following order. IT IS THEREFORE ORDERED that the Debtors' Objection to the Proof of Claim filed by Claimant is SUSTAINED and... [continue with appropriate language from below] IF OBJECTING TO SECURED PROOF OF CLAIM: and that claim # [claim number] filed by [name of claimant] is hereby allowed as a secured claim in the amount of $[allowed secured amount per objection], with the balance of the claim allowed as a general unsecured claim. IF OBJECTING TO PRIORITY PROOF OF CLAIM: and that claim # [claim number] filed by [name of claimant] is reduced from a priority unsecured claim to a general unsecured claim and is allowed as a general unsecured claim in the amount of $[allowed unsecured amount per objection]. IF OBJECTING TO UNSECURED PROOF OF CLAIM: and that claim # [claim number] filed by [name of claim] is hereby [disallowed or allowed in the amount of _____].

[LEAVE SPACE FOR JUDGE'S SIGNATURE]