The Indiana LBF-2 Notice of Objection to Claim (Local Rule B-3007-1) is a document used to inform creditors that an objection to a claim has been made. This document must be filed with the court and served on the creditor who filed the claim. The Notice of Objection must be filed within 10 days of the creditor filing the claim, and must contain the name of the debtor, the name of the creditor, and the claim number. The Indiana LBF-2 Notice of Objection to Claim (Local Rule B-3007-1) can be filed in two different forms: 1. Form LBF-2A: This form is used to object to the entire claim. 2. Form LBF-2B: This form is used to object to a portion of the claim. Both forms must be signed by the debtor or the debtor's attorney, and must include a statement of the grounds for the objection. The Notice of Objection must be served on the creditor who filed the claim within 10 days of the filing of the objection. The creditor must then respond to the objection within 20 days of being served. If the creditor does not respond, the court may enter an order dismissing the claim.
Indiana LBF-2 Notice of Objection to Claim (Local Rule B-3007-1)
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FAQ
The objection and a notice of hearing must be served to the creditor, the debtor, and the trustee 30 days before the hearing. Who Objects? An objection to a proof of claim may be filed by any person with an interest in the case, but this is usually filed by the trustee, another creditor, or the bankruptcy filer.
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).
The burden of proof is always on the claimant, but, as probative force is given to the allegations of proofs of claim, and no probative force is given to the objections, this must be met, overcome, or at least equalized, by the objecting party, hi short, if the proofs of claim state facts sufficient to make a prima
Some of the more common reasons to object to a proof of claim include: The creditor fails to attach sufficient documentation to prove that a debt is owed. The amount of the claim is incorrect. The claim isn't the debtor's debt. The same claim was filed more than once.
A response to an objection is sufficient if it states that written documentation in support of the proof of claim has already been provided to the objecting party and that the documentation will be provided at any evidentiary hearing or trial on the matter.
Scope of Rule. This Local Rule applies to any objection to the allowance of a claim under an omnibus objection (i.e., an objection to claims asserted by more than one claimant) ("Objection"). To the extent of any inconsistency between this Local Rule and Fed.
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.