Central District Consumer Bankruptcy Attorney's Association

Debtor has standing to object - no question. Debtor is an "interested
party".
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
larry@lsimonslaw.com
Sent: Tuesday, May 04, 2010 9:20 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Objecting to Proof of Claim
Unless the case is a surplus case, I am not sure the debtor has standing to
object. You have to get the Trustee to object.
Sent via BlackBerry by AT&T
_____

The post was migrated from Yahoo.

No jury. See Rule 3007
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
brandspellman
Sent: Tuesday, May 04, 2010 9:11 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Objecting to Proof of Claim
Hello everyone,
I have a somewhat complex chapter 7 asset case where an individual creditor
has filed a completely meritless and untruthful proof of claim with the
court.
This creditor was never listed in Schedule F, and has no supporting
documentation to prove their claim - other than an allegation of an oral
agreement.
For various reasons, it is extremely important that this proof of claim go
away.
What is the best way to go about fighting such a claim?
Since an objeciton is usually a contested matter, and not an AP, will I be
able to use certain discovery tools to ferret out the truth - such as
deposition?
Can my client attack the proof of claim collateraly via an AP?
Since this is going to be a he said-she said with regards to an oral
agreement -- is there any way we can bring the factual dispute to a jury?
Thanks,
Donny Brand
Message
No jury. See Rule
3007


David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.

My two cents - speak with the Chapter 7 Trustee, volunteer to prepare and
prosecute an objection to the claim, and then pound the creditor.
Our office recently did just that in a chapter 7 case.
Raymond H. Aver, Esquire
Law Offices of Raymond H. Aver
A Professional Corporation
12424 Wilshire Boulevard
Suite 720
Los Angeles, California 90025
Phone: (310) 571-3511
Fax: (310) 571-3512
e-mail: ray@averlaw.com
_____

The post was migrated from Yahoo.

Yes, this may very likely be a surplus case.
>
> Unless the case is a surplus case, I am not sure the debtor has standing to object. You have to get the Trustee to object.
> Sent via BlackBerry by AT&T
>
> -----Original Message-----
> Date: Tue, 04 May 2010 16:10:43
> To:
> Subject: [cdcbaa] Objecting to Proof of Claim
>
> Hello everyone,
>
> I have a somewhat complex chapter 7 asset case where an individual creditor has filed a completely meritless and untruthful proof of claim with the court.
>
> This creditor was never listed in Schedule F, and has no supporting documentation to prove their claim - other than an allegation of an oral agreement.
>
> For various reasons, it is extremely important that this proof of claim go away.
>
> What is the best way to go about fighting such a claim?
>
> Since an objeciton is usually a contested matter, and not an AP, will I be able to use certain discovery tools to ferret out the truth - such as deposition?
>
> Can my client attack the proof of claim collateraly via an AP?
>
> Since this is going to be a he said-she said with regards to an oral agreement -- is there any way we can bring the factual dispute to a jury?
>
> Thanks,
>
>
> Donny Brand
>

The post was migrated from Yahoo.

Hello everyone,
I have a somewhat complex chapter 7 asset case where an individual creditor has filed a completely meritless and untruthful proof of claim with the court.
This creditor was never listed in Schedule F, and has no supporting documentation to prove their claim - other than an allegation of an oral agreement.
For various reasons, it is extremely important that this proof of claim go away.
What is the best way to go about fighting such a claim?
Since an objeciton is usually a contested matter, and not an AP, will I be able to use certain discovery tools to ferret out the truth - such as deposition?
Can my client attack the proof of claim collateraly via an AP?
Since this is going to be a he said-she said with regards to an oral agreement -- is there any way we can bring the factual dispute to a jury?
Thanks,
Donny Brand

The post was migrated from Yahoo.