Ohio 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
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.
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.
Typically, objections regarding a proof of claim will include disputes over the amount of the debt, failure of a creditor to attach adequate information supporting the claim, and disputes over the property securing a debt.
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 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 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.
