For those facing creditor claims in Chapter 13 bankruptcy, knowing your right to object to and challenge the claims is imperative. Using assistance from a bankruptcy attorney in Philadelphia, such as William D. Schroeder, Jr., can ensure that you have sufficient legal help throughout this process, while understanding your rights. Take a look at the following article for an outline on challenging creditor claims during the Chapter 13 bankruptcy process.
Objecting to a Claim
Within the Chapter 13 bankruptcy process, a debtor can object to proof of claim. A claim refers to a form that creditors fill out in which asserts its right to be paid the amount it claims the debtor owes it. Debtors always have the right to file an objection, although the success of this will depend on various factors. Having a bankruptcy attorney by your side will increase your chances of success.
Party in Interest
A party in interest is considered someone that will be impacted by the payment of the creditor claim. This can be anyone from other creditors involved in the case to the debtor.
When To Object
A proof of claim is only considered valid until an objection is filed. At this point, it is up to the objecting party to prove that the claim is not valid in a court of law. Some common reasons to object include the following:
- Failure to provide sufficient documents proving that debt is owed
- Incorrect amounts on the claim
- Multiple identical claims were filed
- Improper fees or interest amounts
If you think that you have a valid reason to object to a claim in Chapter 13 bankruptcy, the next step is to get your objection in writing and filed with the bankruptcy court. In these situations, a copy of the objection and the notice of the court date must be sent to the creditor, debtor and trustee.
Hiring a bankruptcy attorney in Philadelphia from our firm will give you an experienced professional by your side to ensure that the case goes as smoothly as possible. Knowing the variations between local court rules and the legalities of Chapter 13 bankruptcy claims can make or break your case, so it is imperative to ensure that everything is in order when making your claim. William D. Schroeder, Jr. will not only help you through this process, he will educate you on the legal processes along the way and ensure that you are comfortable with every decision that is made.
Finding the right bankruptcy attorney in Philadelphia can be difficult, but William D. Schroeder, Jr. can offer you the help that you need. For more information or further questions, give us a call at (215) 822-2728 and we will be happy to assist you.