HHM, do you have an answer for this question?

[busbis]

On the new revised proof of claim forms as of 12/07, it has a place for the creditor to provide the total claim, then break down the value of collateral in a secured claim and unsecured claim. It states to list the collateral as entirely or partially secured. What happens if

1. the creditor did not use the new form (is there requirement for them to do this)

2. they didn't break the collateral down as what portion was secured or unsecured.

Do I have a valid arguement to state that the creditor assumed they were fully secured?

I am in the Northern District of Georgia and our district is one who takes the minority ruling on the hanging paragraph and states that "surrendered" collateral does not satisfy the claim. The majority rule is with other districts, they state that by surrendering the collateral, that does in deed satisfy the debt.

Any other thoughts?

[HHM]

You are wrapping up several questions in one post here...

What are you trying to accomplish? Do you want to object to the claim?

You can object to a claim on technical grounds (I suppose), but all that typically results in is the refilling of the claim. If you are in a chapter 7 and are surrendering the property, it really does not matter what is secured and unsecured from your perspective because the debt gets entirely discharged as to you. The unsecured portion of a secured claim is only an issue for the trustee if your case is an asset case (the trustee needs to determine the percent of distribution).