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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.
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.
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.
Objections that may be raised include the following: Lack of good faith ? Creditors are entitled to receive at least as much in a Chapter 13 as they would if the debtor had filed a Chapter 7 liquidation. ... Inaccurate listing of debt ? The plan must list the debtor's full amount of unsecured debt.
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.
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.