First Objection to Claim...

[tigergem]

SUSTAINED!!!!!!!!!!!!!!!!!



For those new to BK Pro Se, that means I got one of my creditors tossed. They filed a claim, hoping to get something, but now they get no distribution. Not like they would have gotten much anyway, since I'm at <1% to unsecured. But that was an $8k+ claim and my second largest and I am happy to see them OUT.

[justbroke]

Congratulations! They don't know who they messed with!

[tigergem]

Shoot, that was the easy one. The debt was over 10 years old and the retail contract they submitted for proof of claim was BLANK except for a date stamp. I basically argued statute of limitations both in Texas and California expired and lack of agreement, form, capacity and consent in any venue on the blank contract. Oh there was more, but that was the main gist of it. If they actually had anything sustainable, they could have simply amended the claim, but I don't think SOL could be overcome.

[tigergem]

I'm wondering if that signed order should be showing up in PACER as linked to that claim in the Claims Register.

My objection and proposed order are linked to the claim, so I figured the signed order would be too.

I'm also wondering if my Motion to Allow the Late Filed Claim and proposed order on that should show up as linked to the new IRS claim in the Claims Register, since my Objection was linked to the other claim.

Guess I have to call the clerk's office and ask about that. Or is this lack of linkage not really a big deal?

[tigergem]

Glad I made that call. The BK clerk seemed to think there was an error either in the case administration or on the IT side that caused those things to not be linked, and she wanted to get it resolved. She also said that linking related documents to a particular claim in the Claims Registry is a fairly new procedure. But all of the documents are showing up in the main document history, so I am still not sure how "important" that linkage is.