There are a few different reasons to file for Chapter 13. Probably the first one is if you are not qualifying for the Chapter 7.
Jan. 12, 2023
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.
The three common triggers for bankruptcy are unemployment, medical expenses, and divorce. Unemployment can trigger bankruptcy, which is pretty straightforward.
The trustee has a duty to conduct due diligence, and that basically means reviewing the documents that are filed by the debtor and then holding a hearing called a Section 341 hearing in which the trustee asks some standard questions of the debtor.