My Lawyer filed Objections to every claim.

[satchboogie]

My Lawyer filed Objections to every claim. And each objection was sustained. The objection said something about Rule 3001 (c) of the Bankruptcy rules provides when a claim is based on a writing the "original or duplicate shall be filed with the proof of the claim". Proof of the claim was not supported by any written documents, notes, credit applications, account statements ....I think I understand what is going on here. I am sure my recent accounts will have no problem providing documentation, but I have a large account (1/3 of my amount owed) that is 4 years old and I believe it will be very difficult for that Collector to come up with specific proof. I am hoping anyway.

The trustee gave them 60 days to provide proof. If anything it just makes these evil debt collectors work a little harder and spend more money At some point it doesn't not become cost effective to for them to continue I would think.

We will see what happens.

SB

[AngelinaCat]

My Lawyer filed Objections to every claim. And each objection was sustained. The objection said something about Rule 3001 (c) of the Bankruptcy rules provides when a claim is based on a writing the "original or duplicate shall be filed with the proof of the claim". Proof of the claim was not supported by any written documents, notes, credit applications, account statements ....I think I understand what is going on here. I am sure my recent accounts will have no problem providing documentation, but I have a large account (1/3 of my amount owed) that is 4 years old and I believe it will be very difficult for that Collector to come up with specific proof. I am hoping anyway.

The trustee gave them 60 days to provide proof. If anything it just makes these evil debt collectors work a little harder and spend more money At some point it doesn't not become cost effective to for them to continue I would think.

We will see what happens.SB

Hi Satchboogie: I am somewhat puzzled. Your lawyer has filed objections to 'every claim'. What claims? Are you talking about Creditor Objections to Discharge? Or what? It will help to know a little more detail......

Thanks

[satchboogie]

Hi Satchboogie: I am somewhat puzzled. Your lawyer has filed objections to 'every claim'. What claims? Are you talking about Creditor Objections to Discharge? Or what? It will help to know a little more detail......

Thanks

He filed an "Objection to claim of "Name of Collection Company"". I assume just like when You fight a Debt collector in court he needs to provide sufficient proof and documentation that the debt is yours when they file a claim in BK for the debt owed to them. I guess there are specific Rules on what constitutes proof of debt as he states Rule 3001(c) in all of his objections. None of the collectors submitted the required proof. They now have 60 days to come up with that proof. That's All I know. All of the people I owed money too filed a claim. Hopefully some of them will go away now that they actually have to do some work.

SB

[HHM]

Hi Satchboogie: I am somewhat puzzled. Your lawyer has filed objections to 'every claim'. What claims? Are you talking about Creditor Objections to Discharge? Or what? It will help to know a little more detail......

Thanks

The OP is talking about the proof of claim that creditors must file in a chapter 13 in order to be paid. In order for a creditor, in a chapter 13, to actually receive money from the trustee, the creditor must file a "proof of claim". If the creditor fails to file that form (with the proper supporting documentation), or if a party in interest objects to the filed claim, that creditors claim is "disallowed", will not receive funds from the trustee, and will be discharged (assuming it is a dischargeable debt).

Good for your attorney. Its good to see an attorney on the ball about the issue and it ultimately helps you in that by objecting to claims, he could shorten the length of your plan.

[parsoc48]

Interesting....so just because I listed, e.g., $5000 owed to Cap One, they have to provide their own proof of that amount, or whichever amount they are claiming? What form would that usually take? My attorney said that lots of creditors don't even file claims...is that part of the reason? I'm assuming the big ones like Chase, Cap One, etc, would have the resources and motivation to file and would have the documentation.

or if a party in interest objects to the filed claim that creditors claim is "disallowed", will not receive funds from the trustee, and will be discharged (assuming it is a dischargeable debt).

I'm assuming you mean that the objection is more than just an objection, right? that we have to show it's not documented or it's incomplete, or something? Is the burden of proof on the debtor?

[HHM]

Interesting....so just because I listed, e.g., $5000 owed to Cap One, they have to provide their own proof of that amount, or whichever amount they are claiming? What form would that usually take? My attorney said that lots of creditors don't even file claims...is that part of the reason? I'm assuming the big ones like Chase, Cap One, etc, would have the resources and motivation to file and would have the documentation.


I'm assuming you mean that the objection is more than just an objection, right? that we have to show it's not documented or it's incomplete, or something? Is the burden of proof on the debtor?

1. Correct, just because you list XYZ creditor, does not entitle them to payment, they must file a proof of claim. So yes, it can be hit or miss with creditors filing claims. In some cases, every creditor files a claim, in others, maybe only 1/3 do. A lot depends on where you file and the amount of the debt.

2. Correct, if you, or anyone, is going to object to a proof of claim, you must have a reason, i.e. no supporting docs, incorrect amount, duplicate claim, etc.