Can we object to a proof of claim?

[Kingxray]

Hi all,

We have had our case dismissed and refiled several times due to converting from Chpt. 7 to 13 and because of paperwork issues. Since then a few of our creditors have dropped off. Our lawyer said our payment would go down if all the creditors don't file a proof of claim.

One of our creditors (my dad) has filed a large proof of claim as an unsecured creditor. In our plan we listed him as secured because he has a lien on our house, which we are surrendering, and his lawyer admitted to being secured at one of our 341's. Can we object to him filing an unsecured proof of claim or are we stuck with it? He is our largest creditor.

[DebtEnder]

O my your STILL dealing with him? The house your giving up will it have any equity to pay off part of his lien? Any part not covered would be unsecured. Any part of the claim that is secured via the house would deduct from the total amount he claims you owe.

[Kingxray]

Thanks DebtEnder and yes we are STILL dealing with the jerk. Why does it work that way? The house isn't underwater but after the bank gets their money, fees, etc. he wouldn't receive much. I'm not even sure that the bank will get all the money they are owed. Why isn't the bank considered unsecured if they don't get all their money? Our lawyer is considering fighting my dad's proof of claim, not sure on what grounds.