A reaffirmation is an official way to “reobligate” yourself on the loan. This involves the lender sending us a reaffirmation contract to be signed by you.
Bankruptcy Form: Objection to Claim – Chapter 13
This bankruptcy form Notice of Objecton to Proof of Claim and Notice of Hearing and Objection to Claim can be used in Chapter 13 bankruptcy by a debtor’s attorney to object to the proof of claim of a creditor who has overstated the amount due.
As a chapter 13 bankruptcy attorney, you must review the claims of your clients’ creditors to ensure that the claims are approximately correct. This is especially true of priority debts, such as some tax liabilities that are not dischargeable. This particular Objection to Claim was to object to the claim of the Internal Revenue Service (“IRS”). The IRS had calculated our client’s tax liability in error. The tax liability was for a tax year that was not dischargeble in our client’s bankruptcy (i.e., it was a priority debt). Because priority debts must be paid in full over the course of the chapter 13 plan, the erroroneous amount would have required that our client increased her monthly chapter 13 payment. We had contacted the IRS collection agent who had filed the proof of claim a number of times and requested the claim be amended, citing the reasons. For whatever reason, the IRS failed to amend the claim and the claim was going to prevent our client’s Chapter 13 plan from being confirmed by the court, because it did not pay the priority claims in full. We filed this objection to the IRS’ claim. The objection was sustained by the court and the IRS amended its claim.
We hope that this bankruptcy form will prove helpful to bankruptcy attorneys in objecting to erroneous or fraudulent proof of claims filed in their clients’ Chapter 13 bankruptcy cases. Please use and tailor the bankruptcy form to your needs.
Chapter 13 is essentially a payment plan that you organize through the court system. Think of it as a consolidation loan with teeth.
There are 2 things you must do after your case is filed: (1) attend the meeting of creditors (aka the 341 hearing); and (2) complete a debtor’s education course via phone within 75 days from the date your case was filed. The 341 hearing is sometimes referred to as the meeting of creditors because your creditors can attend the meeting and ask you questions about the information contained in your petition.