Can I question a Proof of Claim that is Filed in my Florida Bankruptcy Case?
What is a proof of claim? A proof of claim is what a creditor files to show they have an interest in the claim. Many times, the claim filed is wrong or mistaken in balance. It is important (more so in a Chapter 13 bankruptcy) to check the proof of claims that are filed with what you believe you owe.
Now, creditors are entitled to tack on reasonable late fees, attorneys fees and costs to the overall balance. However, the claim must be reasonable and if it is extraordinary the debtor can object to the proof of claim. There have been instances where proof of claims are filed and the debtor does not owe on that particular debt anymore.
It is important to get these proof of claims correct especially when dealing with secured claims. if you feel it is incorrect, you or your attorney may be able to object. Debtors can also fight and challenge the validity of mortgages and notes, just as if they were dealing with a foreclosure defense case.
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Greg Gilbert
Keith Maynard
