Bankr. S.D. Fla. Local Rule 3012-1 — Determining the Amount of a Secured or Priority Claim

High confidence· verified September 26, 2026Local Rules

Summary

Bankr. S.D. Fla. Local Rule 3012-1 — Determining the Amount of a Secured or Priority Claim: the court's own rule, verbatim from Amended and Restated Local Rules of Practice and Procedure for the United States Bankruptcy Court for the Southern District of Florida (Effective June 1, 2026), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. Bankruptcy Court for the Southern District of Florida alongside the Federal Rules of Bankruptcy Procedure and any judge-specific procedures.

Requirement

(a) Chapter 13 Requirements. A debtor seeking to determine the amount of a secured claim in a chapter 13 case must file a separate motion. (1) Claim Secured by Real Property. A motion to determine the amount of a claim secured by real property in a chapter 13 case must use local form Motion to Value Collateral and Determine the Amount of a Claim Secured by a Lien on Real Property. (2) Claim Secured by Personal Property. A motion to determine the amount of a claim secured by personal property in a chapter 13 case must use local form Motion to Value Collateral and Determine the Amount of a Claim Secured by a Lien on Personal Property. (3) Objection to Claim. If a debtor also objects to a proof of claim filed by the creditor as to which the debtor seeks to determine the amount of its secured claim, the debtor must file a separate objection to claim before or when the debtor files a motion to determine the amount of the secured claim. If no separate objection to claim is filed and if a motion to determine the amount of a secured claim is granted, the resulting unsecured portion of the claim will be allowed under § 502(a) as a general unsecured claim. (b) Procedure. (1) Time to File. A motion to determine the amount of a secured claim must be filed and served at least 21 days before the hearing on the motion. (2) Objection. An objection to a motion to determine the amount of a secured claim is timely if filed at least two business days before the hearing on the motion.

Source of truth

(a) Chapter 13 Requirements. A debtor seeking to determine the amount of a secured claim in a chapter 13 case must file a separate motion. (1) Claim Secured by Real Property. A motion to determine the amount of a claim secured by real property in a chapter 13 case must use local

Official source: Bankr. S.D. Fla. — Southern District of Florida (U.S. Bankruptcy Court)
Source health: Healthy · checked October 4, 2026
Effective date: June 1, 2026
Last verified: September 26, 2026benchpath-appfed-flrules-2026-09-26

Change history

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