Proof of Claims are filed in a Chapter 13 bankruptcy. Normally, your creditors and alleged creditors are seeking to make a claim for payment in a certain amount. When making these claims, there are several things to consider:
(1) The alleged creditor is required to provide the proper documentation of its debt, whether secured or unsecured. Failure to provide proper proof can be challenged.
(2) There are time frames in which an alleged creditor (whether secured or unsecured) must file their claim. If the proof of claim is not filed in a timely manner, this can be challenged.
(3) The party filing the proof of claim in the Chapter 13 bankruptcy case must have standing to do so. This can be challenged where proper proof is questionable.
(4) The party filing the proof of claim in the Chapter 13 bankruptcy case must be the real party in interest. If not, this is also a procedural issue (like standing) that can be challenged or contested in the bankruptcy court.
By challenging these and other issues, you put the pressure on the alleged creditor to prove their status and to prove their claim. If they cannot, this may creates grounds to file an adversary proceeding or else negotiate a fair settlement in the bankruptcy court.
To discuss a proof of claim challenge in your chapter 13 bankruptcy case contact us at (877) 276-5084.
