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If the issue of the debtor's right to a discharge goes to trial, the objecting party has the burden of proving all the facts essential to the objection. In chapter 12 and chapter 13 cases, the debtor is usually entitled to a discharge upon completion of all payments under the plan.
A Proof of Debt (POD) is a form completed by a creditor which details how much the creditor is owed. Creditors can be invited to lodge a POD in a bankrupt estate should the trustee expect a dividend to be paid. A POD includes supporting information to prove the debt is owed.
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. Secured Claim Under 11 U.S.C. § 506 (a)
The creditor's filing of a proof of claim constitutes prima facie evidence of the amount and validity of the claim. The burden then shifts to the debtor to object to the claim. The debtor must introduce evidence to rebut the claim's presumptive validity.
Category: Bankruptcy 101. Also referred to as the "Proof of Claim", this form shows the amount of debt the Debtor owed to a Creditor on the date of the bankruptcy filing. The form must be filed in the court district where the bankruptcy case is pending.
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.
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.
The form must be filed in the district where the case is pending. certain information to protect privacy. Filers must redact or leave out information entitled to privacy on the Proof of Claim form and any attached documents.