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L. Morgan
L. Morgan, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5
Experience:  I am a licensed attorney with more than 30 years experience representing individuals in bankruptcy cases.
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I filed an objection to a claim filed by a creditor who was

Customer Question

I filed an objection to a claim filed by a creditor who was paid in full several months ago; long before my BK. The creditor has never responded to the objection or withdrawn the claim. Is there anything I should do ?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  L. Morgan replied 1 year ago.

L. Morgan :

Hi, my name isXXXXX I'll try to help with your question. I am assuming you filed the bankruptcy case yourself. If you used an attorney, he/she should take care of this for you. If not, you will almost certainly need to submit a proposed order to the clerk of the bankruptcy court for the Judge's signature. It should simply state that the creditor was properly served with your objection and failed to respond, and that therefore the objection is sustained and the claim denied. Each bankruptcy court has its own local rules. The court likely has a local rule that addresses objections to claims. You can usually access the local rules by a link on the clerk's website. Just google clerk of the United States Bankruptcy Court for the _____District of ______(fill in your district and state). I suggest you look for a local rule before submitting your order to insure that you have met any special requirements of that court. You may also want to call the clerk's office and ask for advice as to any special requirements for your order. Most clerks are very helpful to pro se debtors, but if not, just submit the order. If the Court wants something more the clerk will let you know.

L. Morgan :

I hope this is helpful. If so, please leave favorable feedback.

L. Morgan :

Best of Luck,

L. Morgan :

L. Morgan

Customer: replied 1 year ago.
I filed the Motion a few weeks ago and it is recorded, but I thought that the creditor would/should withdraw their claim.
Expert:  L. Morgan replied 1 year ago.

Perhaps the creditor should withdraw its claim, but it probably won't. You need the court to enter an order disallowing the claim. Otherwise the bankruptcy trustee will pay the claim to the extent allowed for that class of creditor when funds are available. I suggest you type up a simple order denying the claim and submit it to the Clerk of Court. Again, your order should state that the creditor was properly served with the objection and failed to respond.

I hope this helps.

L. Morgan

L. Morgan, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5
Experience: I am a licensed attorney with more than 30 years experience representing individuals in bankruptcy cases.
L. Morgan and 2 other Bankruptcy Law Specialists are ready to help you
Expert:  L. Morgan replied 1 year ago.

I received notice of your positive rating. I appreciate it! Let me know if I can be of further assistance.

 

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