Illinois Sample Letter regarding Response to Debtor's Objection to Proof of Claim
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How to fill out Sample Letter Regarding Response To Debtor's Objection To Proof Of Claim?
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FAQ
A proof of claim is a form submitted by a creditor in order to receive money from a debtor who has filed for bankruptcy. The document provides notice of the claim to all of the other relevant parties involved in the bankruptcy, including the court, the debtor, and any other creditors.
A claim may be secured or unsecured. Proof of Claim. A proof of claim is a form used by the creditor to indicate the amount of the debt owed by the debtor on the date of the bankruptcy filing. The creditor must file the form with the clerk of the same bankruptcy court in which the bankruptcy case was filed.
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.
The signature of the creditor or declarant on the claim must be witnessed. A detailed statement of account must be attached to the proof of claim and must show the date, the number and the amount of all the invoices or charges, together with the date, the number and the amount of all credits or payment.
A Proof of Claim must include any pertinent documentation, such as promissory notes, purchase orders, contracts, invoices, delivery receipts or security agreements. Other documentation might include monthly statements, pay records and ledgers.
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.
The following is a list of common reasons that may warrant a 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.
A written statement filed in a bankruptcy case setting forth a creditor's claim is called a proof of claim. A proof of claim should include a copy of any documentation giving rise to the claim as well as any evidence in support of the claim, such as evidence of secured status if the claim is secured.
