[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Debtor's Name] [Debtor's Address] [City, State, ZIP] Re: Response to Debtor's Objection to Proof of Claim Dear [Debtor's Name], I am writing in response to your objection to the proof of claim I filed in the matter of [Case Name] in the [North Carolina] Bankruptcy Court. I have carefully reviewed your objection and now provide my response, addressing each of your concerns. Firstly, you raise the objection that the proof of claim I submitted lacks sufficient supporting documentation. I want to assure you that I have attached all relevant documents as evidence of the debt owed to me. These documents include [provide a specific description of the attached documents, such as invoices, contracts, or statements], which clearly establish my claim's validity. Moreover, you question the amount of the claim asserted in my proof of claim. To address this concern, I would like to clarify that the total amount claimed is accurate and reflects the outstanding balance owed under the relevant agreement between us. Should you require further explanation or detailed breakdown of the claim, please do not hesitate to reach out, and I will promptly provide you with the information you need. Additionally, you claim that the statute of limitations has expired on this debt, rendering my claim unenforceable. However, I respectfully disagree. Under [North Carolina] state law, the statute of limitations for this type of debt is [state the statute of limitations period]. Consequently, my claim falls within the acceptable time frame, as the cause of action arose [mention when the debt became due or the last action occurred to initiate the limitations period]. Lastly, you point out that the claim should be disallowed based on [state any additional objections raised by the debtor]. After careful consideration of your arguments, I firmly believe that these objections lack merit. However, should the court require further information or clarification on these points, I am prepared to provide necessary supporting documentation and legal arguments upon request. In light of the foregoing, I respectfully request that you withdraw your objection to my proof of claim. Alternatively, if you remain unconvinced by my response, I kindly ask that you file a motion to determine the validity of the claim with the bankruptcy court. I am confident that the court will find in favor of my claim based on the evidence and arguments presented. Please consider this letter as my diligent effort to address your objection and resolve any concerns you may have. I am open to further discussions and negotiation to reach a mutually agreeable resolution. Should you wish to discuss this matter, please feel free to contact me at your earliest convenience. Thank you for your attention to this matter. Sincerely, [Your Name]
North Carolina 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
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.
This is where an experienced Chapter 13 bankruptcy lawyer can help. There are a number of reasons why a trustee might object to your repayment plan: Your payments exceed your income. Your plan doesn't have all of your disposable income going to unsecured creditors.
If you are considering filing for Chapter 13 bankruptcy, it is important to be aware that one or more creditors may object to your proposed repayment plan. However, if you are prepared to respond to their objections, you may be able to overcome them and continue with your bankruptcy case.
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.
For most creditors the objection is about whether or not they are being treated correctly under the law. For the trustee the objection is usually about how a class of creditors is being treated and whether the plan complies with the requirements of the law on the whole.
Any Chapter 13 debtor who receives an objection to confirmation should first take a deep breath and relax. Then, they should pick up the phone and call their bankruptcy attorney and ask for an explanation of the objections. In the vast majority of cases, the objections can easily be fixed.
In large bankruptcy cases, a debtor will often file a pleading called an ?Omnibus Claims Objection?. The purpose of the Omni- bus Claims Objection is to help streamline the resolution of all of the proofs of claim filed in the debtor's case.
Claim Objection means any objection, application, motion, complaint or any other legal proceeding seeking, in whole or in part, to disallow, determine, liquidate, classify, reclassify, or establish the priority, expunge, subordinate, or estimate any Claim (including the resolution of any request for payment of any ...
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.
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.
