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This bankruptcy form Notice of Objecton to Proof of Claim and Notice of Hearing and Objection to Claim can be used in Chapter 13 bankruptcy by a debtor's attorney to object to the proof of claim of a creditor who has overstated the amount due.
An objection to a proof of claim must be in writing and filed with the bankruptcy court. A copy of the objection and the notice of court hearing date must be mailed to the creditor, the trustee, and the debtor at least 30 days before the hearing.
Background. A chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years.
One option is a ?step plan.? What are these? As they sound, a step plan is one in which the debtor agrees to increase or decrease payments at a certain time often after a certain condition is met. These are ?step-up? or ?step-down? plans, respectively.
How to File for Chapter 13 Bankruptcy Make sure Chapter 13 is the right choice. ... Analyze your debt. ... Value your property. ... Gauge your income. ... Fill out the bankruptcy forms. ... Take the required pre-filing course. ... File your forms and pay a fee. ... Provide the trustee with documents proving your income and other assets.