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Florida Bankruptcy Lawyer: What are “Claims” filed in my case?

The Trustee, in the bankruptcy Chapter 13 case, must pay all allowed claims and creditors must file proof of their claims to get paid. Debtors and the Trustee may also file claims to insure that certain creditors get paid. Once the petition for bankruptcy is filed, there is a claims bar date set when once past, prevents further claims to be filed against the estate.
The date is 90 days from the 341 meeting of creditors unless the Court orders otherwise.

Unless objected to, all claims will be allowed. Your plan may even allow late filed claims, but if a claim is filed late, after notice and a hearing, the Court must (usually) sustain the objection. Claimants can try to extend their deadlines, but unless they can demonstrate that they fit within the exceptions provided for under the Code, their request will be denied.

Once the deadline passes, your attorney as well as the Trustee will review the claims and objections will be made where appropriate. Claims should be filed with supporting documents, such as a note or contract. If not, an objection will likely follow. Supporting documents show the claim to be valid as prima facie evidence but not necessarily wholly undisputed. A creditor may show a claim to be higher than what is really owed. Debtors may still challenge a claim based on standing – which is the right the creditor has to file the claim in the 1st place, the amount owed, interest, fees and costs assessed, the type of supporting documents used and the nature of any amendments filed. The dispute of any creditors claims may be resolved by evidentiary hearing or may turn into an adversarial proceeding.

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