Objection to Claims
Most Debtors understand the process of confirmation, but become very confused when they get a notice in the mail for Trustee’s Recommendations Concerning Claims (TRCC). Even for an attorney, trying to determine what needs to be done on the TRCC can be confusing in some cases.
However, there is usually nothing for the Debtor to do with regards to the TRCC. If the Debtor notices a claim that has been filed in the case that DOES NOT belong to him, he should contact his attorney to go over what needs to be done. If the claim filed is a secured debt, the Debtor and attorney need to determine what the claim is for. A common mistake made by mortgage companies and property taxing agencies is to file a proof of claim in a case based on the name. If the Debtor has the same name as another person, the proof of claim might be filed in error. This mistake happens frequently when there is a father and son with the same name. In most instances, the attorney can just notify the mortgage company or the attorney for the mortgage company and ask them to withdraw the claim. If that doesn’t work, then the attorney needs to file an objection to the claim. It is a simple process that only required the attorney to file something with the court. If there is no response, the attorney can upload a default order granting the objection to claim.
Please fill out our free evaluation form to determine if bankruptcy is right for you.
