Georgia Objection to Allowed Claim in Accounting

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State:
Multi-State
Control #:
US-02653BG
Format:
Word; 
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Description

Any interested party in an estate of a decedent generally has the right to make objections to the accounting of the executor, the compensation paid or
proposed to be paid, or the proposed distribution of assets. Such objections must be filed within within a certain period of time from the date of service of the Petition for approval of the accounting.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Common reasons for objections are these: The plan is not feasible ? Here, the numbers don't add up. The debtor doesn't have sufficient income to make good on the promises to the creditors. In some cases, a creditor might assert that the plan has been offered in bad faith.

Reasons For the Debtor Filing an Objection The claim lists an incorrect amount due. The claim lists false interest or penalty charges. The claim lists an incorrect category, falsely stating it is a priority or secured. The claim has been filed for unethical reasons.

Some common reasons creditors object to Chapter 13 plan confirmation include: Disagreement about the outstanding balance on the debt. Disagreement about the past-due amount. Objection to a ?cramdown? of an automobile loan.

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.

Filing an objection to claim may initiate a contested matter depending on the objection and may cause a hearing, full trial, or resolution without a hearing. An objection to claim may be filed to object to one claim or multiple claims subject to conditions in Federal Rule of Bankruptcy Procedure 3007(e).

Every personal representative shall, within 60 days from the date of qualification, publish a notice directed generally to all of the creditors of the estate to notify the personal representative of their claims and render an account of their demands for payment thereon.

(1) Time of Service. An objection to the allowance of a claim and a notice of objection that substantially conforms to the appropriate Official Form shall be filed and served at least 30 days before any scheduled hearing on the objection or any deadline for the claimant to request a hearing.

The creditor's filing of a proof of claim constitutes prima facie evidence of the amount and validity of the claim. The burden then shifts to the debtor to object to the claim. The debtor must introduce evidence to rebut the claim's presumptive validity.

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Georgia Objection to Allowed Claim in Accounting