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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.
Electronically filed claims can be filed, amended and withdrawn on the Court's website. The Official Form B410 (Proof of Claim) is automatically generated and allows the attachment of supporting documentation. The final claim form can be printed or saved electronically and assigns a claim number to the filing.
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.
2. Basis for Claim: State the type of debt or how it was incurred. Examples include goods sold, money loaned, services performed, personal injury/wrongful death, car loan, mortgage note, and credit card.
Examples: Goods sold, money loaned, lease, services performed, personal injury or wrongful death, or credit card. Attach redacted copies of any documents supporting the claim required by Bankruptcy Rule 3001(c). Limit disclosing information that is entitled to privacy, such as health care information.
A Proof of Claim is a written statement and any supporting documentation which describes the reason the debtor owes the creditor money. The claim must be filed using Official Form 410.
Basis for perfection: Attach redacted copies of documents, if any, that show evidence of perfection of a security interest (for example, a mortgage, lien, certificate of title, financing statement, or other document that shows the lien has been filed or recorded.)