Nevada Sample Letter regarding Response to Debtor's Objection to Proof of Claim
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FAQ
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.
In chapter 7 cases, the debtor does not have an absolute right to a discharge. An objection to the debtor's discharge may be filed by a creditor, by the trustee in the case, or by the U.S. trustee.
Generally, in a Chapter 7 bankruptcy case, the Chapter 7 trustee will object to proofs of claim. But a Chapter 7 debtor might also need to object to a claim.
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.
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). When an objection to claim objects to multiple claims, it is called an omnibus objection to claim. An omnibus objection to claim may cause the entry of multiple orders.
A typical party in interest would include the bankruptcy trustee, other creditors in the same bankruptcy case, and, in some situations, the debtor. For instance, a Chapter 7 debtor will have standing to object?and thereby be an interested party?only if doing so might put money in the debtor's pocket.
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.
