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His refusal or objection must be to the court. They will decide. If they don't agree with the courts findings, (tough), they should get legal advice and you should ask the court to get involved with someon not complying with the court order. Even their action to YOU of abjection will be handled by the court, as it is against the law and automatic stay of collection actions required by creditors. Of course, sending copies of the law and court motions, perhpas instruction that they contact the court with any questions before you take the action of asking the court to take action on your behalf on their failure to follow a court order, is appropriate.
What else can I help you with?
If you are not listed as creditor on chapter 11 bankruptcy?
File a proof of claim
Trustees motion to deem secured claim withdrawn?
This is not a question. If your question is, "What happens when the trustee moves the Court to declare a secured claim withdrawn," then one should object, particularly if the secured creditor still has a claim. If this is chapter 7, a secured creditor has no claim except on its collateral. In chapter 13, fight for your claim.
How does a creditor answer Chapter 7 bankruptcy?
By filing a proof of Claim, or by addressing questions/arguments to the court
Can you put a lien on a life insurance policy for your father if his beneficiary refuses to use the policy to cover his funeral expenses?
You have to file a creditor's claim against the estate of the father.
Can a debt collector demand payment for an amount that has been included in a chapter thirteen bankruptcy?
If bankruptcy is over and the debt was discharged, they creditor is forever barred from taking any action to collect the debt. If the bankruptcy is still pending, the debtor cannot contact you without permission from the bankruptcy court. In either case, you may have a claim for damages against the debt collector.
What is a proof of claim filed in an estate?
A proof of claim is filed by a creditor of the decedent. That claim must be paid before any assets are distributed to the heirs. A Proof of Claim is a form that a creditor submits to the court to get paid.
A claim against a firm's assets by a creditor?
Networth
If a creditor is shown on Schedule F of a Ch 7 bankruptcy does the creditor need to file a proof of claim?
Yes
What percentage of unsecured debt is paid to the debtors involved in a chapter 13 bankruptcy?
The percentage paid to unsecured creditors in a Ch 13 is determined by your disposable income. Secured creditors get paid at 100%, house and car payments remain the same. What's left over gets paid out to those unsecured creditors who file proofs of claim. If a creditor does not file a claim, then that creditor does not get paid.
Does chapter 7 protect from civil suit?
Depends on the nature of the civil suit. If its a simple debt collection lawsuit- a chpt. 7 can discharge the debt. If its a lawsuit seeking money damages due to fraud, then it might not be dischargeable if the creditor files a proof of claim.
How is a claim filed as an unsecured creditor to the US bankruptcy court case 07-23686-RG?
"How is a claim filed as an unsecured creditor to the US bankruptcy court case 07-23686-RG?"
I filed chapter 13 to save my car from being repossessed. I incorrectly said I owed 15k on the car but I really only owed 12.5. Doesnt the atty confirm the amount of the debt with the lender?
Whose attorney? Yours? No, he waits for the creditor to file a proof of claim. The creditor is supposed to send him a copy, but somehow they often "forget."
