How do I object to a creditor’s claim in Chapter 13 Bankruptcy?
If a creditor has filed a claim in your Chapter 13 Bankruptcy case in California, you have the right to object to it. To object to a creditor’s claim, you must file a motion with the court. You should include the reasons why you are objecting to the claim and any evidence you have to support your objection. When filing a motion to object to a creditor’s claim, make sure the motion is filed with the bankruptcy court, signed with your full name, and includes the case number. In addition, you should provide copies of the motion to the bankruptcy trustee and the creditor. In your objection, it is important to provide clear and convincing evidence that the claim is invalid. This could include a copy of the disputed document, if it exists, or an explanation of why the claim is not valid. Creditors may dispute your objection, so it is important to ensure your objections are well-documented and supported. Once all documents have been filed, the bankruptcy court will hold a hearing to consider all information presented by the creditor and yourself. At this hearing, the court will decide whether to accept or deny the creditor’s claim. If the court denies the creditor’s claim, the creditor will not be allowed to collect any payments from you.
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