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An amended proof of claim is filed when a Creditor needs to change information for a Proof of Claim that is already on file with the Court. Withdrawing a Claim. A withdrawal of claim is typically filed when the Proof of Claim was filed in the wrong case or when the Creditor no longer wants the claim on file.
The claim is secured so long as the creditor has the right to be paid from the property prior to other creditors. The amount of the secured claim cannot exceed the value of the property. Any amount owed to the creditor in excess of the value of the property is an unsecured 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.
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.
The addendum should set forth the pertinent background facts of the relationship between the debtor(s) and the creditor, and the manner in which the creditor believes that the claim arose.