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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.
Basis for perfection: Attach redacted copies of documents, if any, that show evidence of perfection of a security interest (for example, a mortgage, lien, certificate of title, financing statement, or other document that shows the lien has been filed or recorded.)
A proof of claim is a written statement setting forth a creditor's claim. A proof of claim shall conform substantially to the appropriate Official Form. (b) Who May Execute. A proof of claim shall be executed by the creditor or the creditor's authorized agent except as provided in Rules 3004 and 3005.
Attach redacted copies of any documents that support the claim, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, judgments, mortgages, and security agreements.
The purpose of a proof of claim is to give notice of the claim to the court, the debtor, the trustee and other creditors. A properly prepared proof of claim constitutes prima facie evidence of the validity and amount of the claim and is deemed allowed, unless a party in interest (such as the debtor) objects.
In an involuntary chapter 7 case, a proof of claim is timely filed if it is filed not later than 90 days after the order for relief under that chapter is entered.
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.
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.