Proof of Claim

[BearChaser303]

Mine is an asset case. So tonight I was reviewing in Pacer the proof of claims that have been filed so far.

It was no surprise to me to see that the very first one filed was from my most hated creditor. However, this creditor has filed two IDENTICAL proof of claim. So basically they have doubled the amount that I owed them. Does anyone have an opinion on whether I should dispute this now, or should I wait to see if the trustee catches it? If I have any say in it, I do not want this creditor to get 1 penny more than they are entitled to!

Also, a proof of claim was filed by the provider of my student loan. My understanding is that the student loan will not be discharged. So I dont get why they filed a proof of claim, and whether they will get paid from the assets? If so, will this reduce the amount of debt that I owe them?

[HHM]

Don't worry about the student loan proof of claim, the trustee will sort that out.

But as for the duplicate proofs of claim, you can file an objection and point out to the court that the creditor filed duplicate proofs of claim in the case. Doing so is a rather simple matter.

[BearChaser303]

Is this something my attorney should ordinarily do for me, or am I on my own?

[HHM]

You may need to ask your attorney to do it, but yes...this is something your attorney should file for you.