Objecting to claims... how long do I have?

[TheBajan]

So this is a two part question. First, how do I find out who has filed claims and for how much? Second, what's their deadline to file and what's my deadline to object? I just read a post that said anyone can file a claim and the responsibility if mine to make sure it's legitimate. Thanks in advance.
The Bajan

[justbroke]

So this is a two part question. First, how do I find out who has filed claims and for how much? Second, what's their deadline to file and what's my deadline to object? I just read a post that said anyone can file a claim and the responsibility if mine to make sure it's legitimate. Thanks in advance.
The Bajan

This question really depends on your District. In all Districts, there is a claims bar date. That is the latest day to file a claim and is typically 90 days past the first scheduled 341 Meeting (for non-governmental claims). You should typically file any objection to the claim either immediately when it shows, or within 30 days after the claims bar date.

In Florida, we don't have a final confirmation hearing until 30 days after the claims bar date to allow for claims policing. I like how Florida likes to have EVERYTHING done at confirmation -- including but not limited to lien stripping, motions to value, objections to claims, objection/opposition to exemptions, and all other contested matters. I think this is the best procedure that I have both read and been a part of across the Districts.

Yes, anyone can file a claim and you must "police" (object) to those claims that are either wrong (value) or the party is not a "creditor" based on the bankruptcy code (or underlying State or Federal non-bankruptcy law).

You can find your claims in PACER under the Claims Register link once you search and bring up your case. If you are pro se, you really need to pay attention to claims. Please know that claims do not change the "Date of last filing:" date for your case! You could have claims and that date did not change... so you have to come up with some plan to look at claims maybe once a week until after confirmation. Claims can come in even after the bar date, and the Trustee might STILL pay them. You would object to them on the grounds that they were late.

[TheBajan]

Thank you. I went to the post office today and there was a letter from the trustee listing everyone who has filed claims so I guess I jumped the gun a little in asking my question. I do appreciate you taking the time to respond. Now I need to look it over and see if everything is okay (crossing my fingers).

[TheBajan]

All but two of my creditors filed a claim. Bank of America filed a claim three times on the same debt. What does that mean? They certainly can't expect to collect on the debt three times over....

[justbroke]

There are mistakes. This is why you need to police the claims... especially in a 100% Plan (or one that requires 100%)! Your objections would be that it is a duplicate claim!

[TheBajan]

JB.... thank you. I will call my atty in the morning about it.

[greenthinker]

You should also consider filing an objection if the claim appears to have inadequate supporting documentation. I had our attorney file objections to three claims that had documentation that did not adequately demonstrate that we owed the debt, even though the debt was scheduled to be repaid. Two of them, which happened to be our two largest debts, never responded, and we're getting out of paying almost $50K because of that!

[mavric]

My Attorey is filing objection's now ,and we are 8 mo's into a 13 .

[TheBajan]

Apparently, BoA amended their claim 3 times but my atty says it's still just one claim. The final claim BoA summitted was for about a hundred dollars less than my records showed so I can't complain. Thanks for the advice. All of the other claims appear to be correct. I feel like I've just jumped over another hurdle in this race. 31 more to go....

[justbroke]

If a creditor submits a claim and checks the "amended" box, then it is not a new claim; it is an amendment if the box is checked. However, some creditors do make mistakes and do not check the amended box. You can tell the difference in PACER under the Claims Register link. An amended claim will have the same claim number, but the "version" number, after the dash, will be different. For example, the first claim for the first creditor will show as Claim 1-1 in PACER. An amended claim from that same first creditor, would show as Claim 1-2 in PACER. The first claim of the second creditor would be 2-1 and so on and so forth.