Alabama 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.
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.
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.
A Proof of Claim must include any pertinent documentation, such as promissory notes, purchase orders, contracts, invoices, delivery receipts or security agreements. Other documentation might include monthly statements, pay records and ledgers.
A detailed statement of account must be attached to the proof of claim and must include the date, the invoice number and the dollar amount of all invoices or charges, together with the dates, the number and the amount of all credits or payments.
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.
A claim, in short, is a right to payment. A creditor with a claim must often take affirmative action by filing a ?proof of claim? form in order to preserve and protect its rights to payment. Filing a proof of claim can be a relatively simple process involving the submission of a short form.
: a written statement that sets forth a claim against a bankrupt debtor or the probate estate of a deceased debtor.
