Objections to Creditor's Unsecured Claims

[nojusticehere]

Has anyone ever filed "Objections" to unsecured debt during a 13?
I am filing 2. The first is for a debt that is over 10 years old, forgot I had it. Asset Acceptance bought this debt years ago and started hounding me. So I included it in my BK. They filed a claim for $324.00. I'm objecting due to the SOL has expired.

(2) When my car was repo'd in Aug 07, I never received any kind of notice of sale, public or private. The car was sold to a private buyer in October. I rec'd a letter from them in late Oct stating the car was sold and advising me of my deficient amount. I live in Florida and according to state law I should have been notified prior to the sale. It's a reach, but who knows, maybe it'll work.

Anyone have any experience in objections to creditors claims?

[HHM]

1. Problem is, by including that debt in your chapter 13, that could be construed as an "acknowledgment" of that debt. (I know, it is an odd catch 22). However, you at least have a good faith basis for objecting. Please let us know how it turns out.

2. Your instinct is right, that type of objection is irrelevant to the BK. All BK cares about is if there is a claim and is it valid. State notice requirements are largely meaningless.

[rrockinggramma]

I objected to a claim in my chapter 13 and my trustee objected to one also. I objected because Citi Financial filed a claim on a debt that was already discharged in our chapter 7 from years earlier. They withdrew their claim as soon as they saw my objection. And the trustee objected to another because he felt that it was duplicated (they had filed 2 claims for different amounts) He allowed their first claim which was for less than the second claim they filed.

It is really just proecedure but in your case the companies will be sent a letter and given 30 days to prove that you owe them that debt, kindof like a DV. If they don't respond or can't prove you owe it, then the trustee will disallow their claim.

Good luck with it. It never hurts to try.

[holding on]

1. Problem is, by including that debt in your chapter 13, that could be construed as an "acknowledgment" of that debt. (I know, it is an odd catch 22). However, you at least have a good faith basis for objecting. Please let us know how it turns out.

Catch 22 is right! I informed lawyer that I had creditors who reported erroneous amounts due on credit reports, in addition to one junk debtor who I knew I could object to and win. Lawyer said I must include all creditors (ok, got that part) and the amounts that the creditors might claim (don't get that one). The latter because it would be a problem to the trustee if total claims filed were larger than the total amount I said I owed, when it came to making the plan. In several instances the legal assistant put down an additional $100 for each claim 'just in case' the creditor claimed more. It sounded insane to me, because I knew both parties could object to amounts down the line.

[blftx]

Right now im trying to get my attorneys office to object to 3 claims from asset alliance. Ex: 15 yr old debt for $400 to target became $940.Total of asset alliances "junk debts" $1500. They we're on my credit report yet again. They we're on my credit report 2 years ago and I contested the debt as out of date. Experian,transunion took them off my reports,however 2 years later there back on my reports. One is for SW Bell,about 10 years old. Well I noticed there was also another agency with SW Bell....no way I owed SW Bell twice. I called and was told by asset alliance they owned both agencies. I said take it off my credit report and was told no,it will be on there twice until you pay us.......so now asset alliance is on my bankruptcy twice for the same debt!............Like I said,if my attorneys office gets off thier butts im demanding they contest it........Also paragon way,they put a dish up and refused to come get it when I cancelled thier service. Charged me almost $400 for a dish they refused to come get.

[procomsrv]

Looking for examples of objections to claims

I have filed chapter 7 pro se. I know that the collecter of my student loan has the balance at 5 times the amount listed on the dept of educations website. I plan to dispute the differance between the two. $24,000. in fees and interest. Does anyone know a site that I can review other objections to guide my filing?

[HHM]

I have filed chapter 7 pro se. I know that the collecter of my student loan has the balance at 5 times the amount listed on the dept of educations website. I plan to dispute the differance between the two. $24,000. in fees and interest. Does anyone know a site that I can review other objections to guide my filing?

A couple issues to bring to your attention.

1. What you need to do depends on the nature of your BK

a. If you are an asset case, then creditors will be required to file a proof claim. If this creditor files a proof of claim, you simply file an objection to the claim.

b. If you are a not asset case, then creditors do not file proofs of claim. I suppose you could file a Motion to Determine the Amount Owed...but that is relatively uncharted waters. Generally, a BK court is not the venue to sort out an issue like that (at least not for a chapter 7). Keep in mind, a motion is simply a request to the court, you do not need to be formal. As long as you have some evidence to support your position (that you do not owe what this collector says you owe), you merely file a letter to the court with your name, case number, etc, and write out your statement, and attach supporting evidence.