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Objecting to Creditors Proof of Claim

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    Objecting to Creditors Proof of Claim

    I filed Ch 13 on June 22.
    My plan is due July 6.

    The notice to creditors has gone out. I"m wondering what happens when/if
    a creditor sends in a proof of claim that is incorrect? (There is a lawyer billing me for $$$ that was already paid in full.)

    Does this become a hearing before the judge with exhibits and etc or does my attorney file an objection and then the creditor a response etc and the judge decides based on info submitted?

    #2
    It depends on the nature of the objection.

    But yes, your attorney files the objection, then the creditor is supposed to respond. If the creditor does not respond (which is usually the case), then you win by default. But, if the objection is more technical, a hearing will be held and evidence presented.
    Last edited by HHM; 07-01-2010, 08:08 PM.

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      #3
      Thanks again, HHM!!!!!!

      Comment

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