Omnibus Objections to Claims

Summary

This template omnibus claims objection is for use by a Chapter 11 debtor in possession objecting to multiple claims. This template includes practical guidance, drafting notes, and optional clauses. Claim objections typically address substantive and procedural (or technical) defects in the proof of claim. Section 502(b) of the Bankruptcy Code and Bankruptcy Rule 3007 provide the basis and the rules for objecting to claims. Objections to claims need not deal with each claim individually but can be included within an omnibus objection. Bankruptcy Rule 3007(c)–(f) governs omnibus claims objections. The rule lists objections that can be included in an omnibus objection, including objections to: • Late filed claims • Duplicative claims • Claims based on insufficient documentation and lack of support by the records • Requested priority status of claims • Improper perfection of secured claims • Claims filed against the wrong debtor • Claims by creditors who are alleged to have received fraudulent transfers or preferences The rule contains additional requirements concerning the format and what must be included in an omnibus objection. Counsel filing and opposing an omnibus claims objection must be familiar with these requirements. Omnibus claims objections are often filed in large or mega bankruptcy cases. This template contains non-substantive omnibus objections. To address substantive objections in an omnibus objection, debtor's counsel must obtain an order establishing procedures for omnibus objections to claims (unless the local rules allow such objections). In such orders, the court often allows the debtor to include substantive books and records objections in the omnibus objection. These types of objections typically involve a discrepancy between the debtor's and the creditor's books and records, disputed invoices, and/or other disagreements over goods and services provided. For a full listing of key content that provides an overview of important topics when litigating disputes in bankruptcy cases, see Bankruptcy Litigation Resource Kit. For more information, see Claim Objections. For information on filing and amending proofs of claim, see Proofs of Claim in Bankruptcy, Proofs of Claim Categories and Calculations, and Amending Claims in Bankruptcy.