Creditors often will file claims for more than the amount they are owed. Debtors sometimes dispute that
Question:
Creditors often will file claims for more than the amount they are owed. Debtors sometimes dispute that they even owe the creditor anything. For example, a creditor may file a claim for $10,000 in lumber sold to debtor, and debtor may say they do not owe the creditor anything because the lumber was rotted, and the creditor refused to accept the return of the wood. Therefore, it is important for the debtor's office to monitor claims as they are filed, and file an objection to claims when necessary.
Competency questions:
- When should debtor file an objection to a claim?
- How is an objection to a claim prepared and filed?
Your firm represents a debtor. You have received notice that a creditor has filed a claim in the debtor's case. The debtor does not believe the creditor has a valid claim. The debtor does owe a debt to the creditor, but the creditor has submitted a second claim for a credit card account on which the debtor was only an authorized user rather than a responsible party.
Business Law Text And Cases Legal Ethical Global And Corporate Environment
ISBN: 9780538470827
12th Edition
Authors: Kenneth W. Clarkson, Roger LeRoy Miller, Frank B. Cross