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What is a claim and how do I file one? What is an Objection to Claim?

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What is a claim and how do I file one? What is an Objection to Claim?

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A claim is any right to payment held by a person or entity against a person or entity that files bankruptcy. The written statement filed in a bankruptcy case setting forth a creditors claim is called a proof of claim. The proof of claim should include a copy of the documentation giving rise to the claim, as well as evidence of secured status if the claim is secured. In certain cases, the notice of meeting of creditors sent to all creditors listed has a proof of claim form, or you can get one from the Clerks Office or from the Courts website. You file a claim by mailing it to the Courts address or delivering it in person to the Court. An objection to a claim is sometimes initiated by filing a motion, and sometimes by filing an adversary proceeding. The creditor and other interested parties receive notice of the objection, with an opportunity to respond. If the matter cannot be resolved by the parties, the Court may set a hearing.

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A claim is any right to payment held by a person or entity against a person or entity that files bankruptcy. The written statement filed in a bankruptcy case setting forth a creditor’s claim is called a proof of claim. The proof of claim should include a copy of the documentation giving rise to the claim, as well as evidence of secured status if the claim is secured. In certain cases, the notice of meeting of creditors sent to all creditors listed has a proof of claim form, or you can get one from the Clerk’s Office or from the Court’s website. You file a claim by mailing it to the Court’s address or delivering it in person to the Court. An objection to a claim is sometimes initiated by filing a motion, and sometimes by filing an adversary proceeding. The creditor and other interested parties receive notice of the objection, with an opportunity to respond. If the matter cannot be resolved by the parties, the Court may set a hearing.

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