New Mexico Sample Letter regarding Response to Debtor's Objection to Proof of Claim

State:
Multi-State
Control #:
US-0437LTR
Format:
Word; 
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This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Debtor's Name] [Debtor's Address] [City, State, ZIP] Re: Response to Debtor's Objection to Proof of Claim Case No: [Case Number] Dear [Debtor's Name], I hope this letter finds you in good health. I am writing in response to your objection to the proof of claim I filed in relation to the above-mentioned case. I have thoroughly reviewed your objection letter dated [Date of Objection], and I would like to provide a detailed response to address the concerns you have raised. Firstly, I understand that you have questioned the validity and accuracy of my proof of claim. I assure you that the proof of claim was prepared diligently and is supported by extensive documentation. The claim accurately reflects the debts owed to me by you and is in accordance with the applicable bankruptcy laws and regulations. Furthermore, I would like to highlight that the proof of claim is submitted in compliance with the deadline set by the court. The filing includes all pertinent information required to support my claim, such as invoices, contracts, and any other relevant documentation. I am confident that the court will find my claim to be legitimate and enforceable. In your objection letter, you raised concerns regarding the amount outlined in my proof of claim. I want to assure you that the claimed amount accurately represents the outstanding balance owed to me, which includes the principal amount, accrued interest, and any applicable fees as per the contractual agreement between us. Should you have any doubts or require further clarification, I would be more than willing to provide additional supporting documentation to substantiate the claim. Lastly, I would like to stress that I am open to discussing any potential concerns or negotiating a fair resolution to this matter. It is in the best interest of all parties involved to find an amicable solution and bring this case to a satisfactory conclusion. I believe that open communication and cooperation can help alleviate any misunderstandings and facilitate a prompt resolution. I kindly request that you reconsider your objection to my proof of claim and withdraw it in light of the information provided. This will avoid unnecessary delays and costs associated with prolonged legal proceedings. Should you decide to proceed with the objection, I would appreciate receiving a detailed response outlining the specific reasoning behind your objections within [number of days] from the date of this letter. I look forward to resolving this matter in a fair and expeditious manner. If you have any questions or if there is any further information you require, please do not hesitate to contact me at [Your Phone Number] or [Your Email Address]. Thank you for your attention to this matter. Sincerely, [Your Name]

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FAQ

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.

A typical party in interest would include the bankruptcy trustee, other creditors in the same bankruptcy case, and, in some situations, the debtor. For instance, a Chapter 7 debtor will have standing to object?and thereby be an interested party?only if doing so might put money in the debtor's pocket.

Any Chapter 13 debtor who receives an objection to confirmation should first take a deep breath and relax. Then, they should pick up the phone and call their bankruptcy attorney and ask for an explanation of the objections. In the vast majority of cases, the objections can easily be fixed.

A proof of claim will stand if no one objects. If, however, an objection gets filed, the burden shifts to the objecting party to prove to the court that the claim is invalid and should not be paid.

Type: Understanding Bankruptcy FAQ. Answer: Debtors may object to any claim filed in their bankruptcy case if they believe the debt is not owed or if they believe the claim misrepresents the amount or kind of debt (e.g., secured or priority) that they owe.

In large bankruptcy cases, a debtor will often file a pleading called an ?Omnibus Claims Objection?. The purpose of the Omni- bus Claims Objection is to help streamline the resolution of all of the proofs of claim filed in the debtor's case.

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.

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Complete the Proof of Claim and mail the completed form along with an extra copy and a self-addressed, stamped envelope, to the Clerk's Office. When you submit ... by A CHAPTER — While the UCC cites only to an unreported case from New Mexico for a list of factors to ... Filing Date, (2) that the Tort Claimant's failure to timely file a ...WHEREFORE, the Debtor(s) respectfully request(s) that the Court: (1) Sustain the. Debtor(s) objection to the Creditor's proof of claim; (2) Disallow the claim ... Jun 19, 2014 — The Claim Objection is procedurally and substantively deficient. The Court will overrule the objection, without prejudice to the Debtor to file, ... May 12, 2023 — As an additional basis for its Objection, the Reorganized Debtor asserts that the Claim was late filed. The proof of claim is dated November 21, ... May 14, 2021 — 5 The deadline for governmental units to file a timely proof of claim in this case was July 13, 2020. ... the average fee for a New Mexico chapter ... Some claimants generally err on the side of caution, filing a claim against each entity to ensure that no prejudice results from having chosen the wrong entity ... Nov 30, 2021 — To properly complete the proof of claim, the creditor must, among other things, identify the prepetition amount owed, describe the basis of the ... Supplemental Certificate of Service of Paul Pullo Regarding Reorganized Debtors Twenty-Second Securities Claims Omnibus Objection (Securities ADR No Liability ... The Motion is CONTINUED November 30, 2022, at 11:00 AM via Zoom. Reorganized Debtors are to file a single response to the objections of Kingstown, Chevron ...

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New Mexico Sample Letter regarding Response to Debtor's Objection to Proof of Claim