Ground on Which a Debtor Can Object To a Proof of Claim

Most creditors expect to be paid during a bankruptcy proceeding. For this to happen, the court expects the creditor first to file a proof of claim. Once the proof of claim has been filed, the debtor may object to it based on valid reasons and seek for disallowance. In most cases, debtors who apply for bankruptcy object to the proofs of claims if the demanded payment would severely affect their financial positions. Objecting a proof of claim may not always happen especially if you don’t have qualified Houston bankruptcy attorneys to help you. You may decide to object to a proof of claim in case of:


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Incorrect claim amount

For some malicious and personal reasons, a creditor may target more from a debtor than they owe them. The amount owed should be correct and similar to what their agreement forms contain. If a creditor gives an incorrect amount, your Houston bankruptcy attorneys should know the legal measures they should take against them. A claim can only be proved if the amounts given by the debtor and creditor match.

Erroneous filing

Filing a debt requires sobriety. If sobriety lacks, more errors occur and correcting them becomes a hectic process. In bankruptcy, debts are classified as priority, unsecured or secured claims. An error may occur where a creditor files priority debt instead of secured debt. This would harm the debtor in a great way. Some of these errors are hard to spot at once especially if the debtor doesn’t understand the different types of debts existing. It is important to consult bankruptcy attorneys to help you detect such errors. See more here Houston Bankruptcy Lawyer

No supportive document

A creditor can only prove you owe them anything once they attach a valid document to support the claim. No one would just take the words of mouth seriously on matters of debts. If a creditor alleges that you owe them a particular debt, they should present documents that prove it to the court. If they just say you owe them debts but fail to prove it, you can object to the debt claim. Be careful to distinguish between genuine and fake documentation. Seek help from a competent bankruptcy lawyer when going through the creditor’s support documents.

Late claim filing

If the creditor files the claim days after the given deadline, the claim doesn’t take effect. In fact, a late filed claim is equal no claim. Be keen on the dates and timeframe within which the creditor should file a claim. If the filing time expires, the debtor could object to the claim. Everyone filing for claims is obligated to stick to the speculated period if they want the filing to be effective. Late claim filing is easy to identify if your Houston bankruptcy attorneys have ample time to go through the files and forms.

It doesn’t, therefore, mean that you should give in to any claim your creditor files. Although you owe them money, you still have your reserved rights that should not be violated. Sometimes the creditors take advantage of debtors who are ignorant of bankruptcy rules and regulations. For this reason, it is good to always incorporate reputable attorneys in your bankruptcy case.