The court may determine the value of a claim secured by a lien on property in which the estate has an interest on motion of any party in interest and after a hearing on notice to the holder of the secured claim and any other entity as the court may direct.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987.)
added in current removed in current
Compared to current version (2025).
The court may determine the value of a claim secured by a lien on property in which the estate has an interest on motion of any party in interest and after a hearing on notice to the holder of the secured claim and(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 any other entity as the court may dbjection 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 expirectd.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 27, 2017, eff. Dec. 1, 2017; Apr. 2, 2024, eff. Dec. 1, 2024.)