223Bankruptcy Code224 and 22311 U.S.C.224 refer to the United States Bankruptcy Code, Title 11 of the United States Code. 223FRBP224 refers to the Federal Rules of Bankruptcy Procedure. 223LBR224 and 223LBRs224 refer to the Local Bankruptcy Rule(s) of this court. This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. December 2017 Page 1 F3015-1.10.MOTION.CLAIM.OBJ.FTP Attorney or Party Name, Address, Telephone & FAX Numbers, State Bar Number & Email Address FOR COURT USE ONLY Chapter 13 Trustee Attorney for Chapter 13 Trustee UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - DIVISION In re: CASE NUMBER: CHAPTER 13 CHAPTER 13 TRUSTEE222S NOTICE OF MOTION AND MOTION FOR ENTRY OF ORDER DENYING CLAIM OBJECTION FOR FAILURE TO PROSECUTE Debtor(s). Claimant Name: (Claimant) TO DEBTOR, ATTORNEYS OF RECORD AND CLAIMANT: 1.On , 20, Debtor filed an objection (Objection) as docket number , to the claim of (Claimant), which claim is identifiedby the Clerk of the Court as Claim Number (Claim). 2.The Chapter 13 Trustee contends that the Objection has been abandoned because: Debtor failed to set the Objection for hearing. [LBR 3007-1(b)(1)] Debtor failed to file or serve a notice of hearing on the Objection. [LBR 3007-1(b)(2)] The court held a hearing on the Objection on (date) . The court sustained the objection, but Debtor failed to lodge an order sustaining the objection. [LBR 9021-1(b)] Debtor filed and served a notice of hearing, no opposition was filed, and no hearing was held on the Objection, but Debtor failed to file a declaration of non-opposition and/or a proposed order sustaining the Objection. [LBR 3007-1(b)(6)]. This form is . It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2017 Page 2 F3015-1.10.MOTION.CLAIM.OBJ.FTP The Chapter 13 Trustee respectfully requests the court to take judicial notice of the case docket, including docket number(s): [Federal Rule of Evidence 201]. Other (explain and specify legal authority): 3.The Chapter 13 Trustee (Trustee) respectfully requests the court enter an order denying the Objection, withoutprejudice, for failure to prosecute. Upon entry of such order: (i) the Claim will be deemed allowed and not subject toobjection for purposes of 11 U.S.C. 247 502(a) and (ii) the Trustee will make payment distributions on such claim,except to the extent such claim may be amended or withdrawn. As a result of such order, Debtor may be requiredto increase the amount of his/her plan payment. Debtor should consult an attorney for assistance. 4.Pursuant to LBR 9013-1(o), any party who opposes this Motion must file a written opposition and request ahearing on the Motion. The deadline to file and serve a written opposition and request for a hearing is 14days after the date of service of this notice, plus 3 additional days if you were served by mail or pursuant toF.R.Civ.P. 5(b)(2)(D) or (F) [FRBP 9006(f)]. a.If you timely file and serve a written opposition and request for a hearing, Trustee must file and serve a notice ofhearing at least 14 days in advance of the hearing. [LBR 9013-1(o)(4)] b.If you fail to comply with this deadline: (1)Trustee will file a declaration to show: (1) the Motion was properly served, (2) the response period elapsed,and (3) no party timely filed and served a written opposition and request for a hearing [LBR 9013-1(o)(3)]; (2)Trustee will lodge a proposed order that the court may use to grant the Motion; (3)The court may treat your failure as a waiver of your right to oppose the Motion and may grant the Motionwithout further hearing and notice. [LBR 9013-1(h)]. I declare under penalty of perjury that the information contained in the foregoing Notice of Motion and Motion is true and correct. Date: Respectfully submitted, Signature of Chapter 13 Trustee or Attorney for Chapter 13 Trustee Printed name of Chapter 13 Trustee or Attorney for Chapter 13 Trustee