What Do I Do About a Bogus Proof of Claim?
Possibly the most important issue to handle in a Chapter 13 bankruptcy case is how to handle proofs of claim.
A proof of claim is filed by a creditor after a Chapter 13 bankruptcy case is filed. Its essentially the way for a creditor to raise their hand and say, you owe me money, please pay me my share.
Most of the time, the creditor has a legitimate proof of claim and your plan must be adjusted accordingly (more on that in another post), but occasionally a creditor will file a proof of claim that defies logic.
I have a current case where several bogus proofs of claim have been filed.
The most egregious claim filed was by a debt buyer (more on that in another post). This company probably purchased a portfolio of debt accounts for a penny on the dollar, and if this claim was any indication of the quality of the accounts, probably less.
This creditor filed a proof of claim for $8800 on a debt that was charged off in 1996. Just to give you some context, in 1996, President Clinton hadn’t started his second term yet, The Spice Girls had the number one single on the radio (which was released primarily on cassette tapes I might add), gasoline cost 73 cents a gallon and the New York Yankees were world series champions (some things just don’t change).
This creditor did not provide any supporting documents either. It is likely that this creditor saw that my client was filing a 100% plan and they were just throwing it up against the wall and seeing if it stuck.
Unfortunately for the creditor, the wall they hit was me. The first thing I do in this situation is contact the creditor who has filed the bogus or deficient (a nice way of saying bogus) claim and ask them for supporting documents. If they don’t have it, I request that they withdraw the claim.
This particular creditor only had a voice mail box, so I left a message that they would provide supporting documents or I would file an objection to their claim.
Well I didn’t hear back and I filed an objection to their claim. Surprise, surprise, the creditor withdrew their claim rather than fight in court.
That is what you want. Anyone can fill out bankruptcy documents, but you want a lawyer who isn’t going to roll over and just let a creditor steal from you, which is what this creditor wanted to do.
I saved my client $8800, or almost $150 per month in her Chapter 13 plan. That is $150 that can go to pay for clothes for her daughter, gas for her car, or even a night out. Most importantly its $150 that she isn’t paying to a thief every month.
You don’t just want to hire a paper pusher, you want to hire a fighter. You want to higher a lawyer that gets his kicks from pushing back at debt collectors when they push you. You don’t just want someone in your corner, you want someone who is going to get in the ring and flatten the creditor that is trying to do you wrong.
If you are in danger of losing your home and don’t want to go it alone, call me at 484-661-2891 to set up a free, no obligation consultation.
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