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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 30898
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If someone files a proof of claim as an agent for company a

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If someone files a proof of claim as an agent for company a and you object to it, what do you do when the same agent is now claiming to represent company b by sending you a notice of transfer? Move to dismiss? file for sanctions?

Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney here to assist you.


Is it for the same debt, or a different debt?

Customer: replied 5 years ago.
The same debt.

If it's the same debt, the representative should have filed a amended proof of claim and indicate on the top right of the firm that this proof of claim amends the previous one.


If the proof of claim doesn't do this, you should file a motion to strike the proof of claim and claim that the same debt is being sought twice. The judge should strike the improperly filed claim.


It is not likely that the court would find that this was fraudulent unless it is proven that the representative did this on purpose in an attempt to defraud the court and trustee. This is often hard to prove, and usually the intent of the filing party is not based on fraud.



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