Proofs of Claim in a Chapter 13 Bankruptcy
A San Jose bankruptcy attorney provides insight on proofs of claim
Debtors in San Jose should know that Trustees are required by law to review mortgage proofs of claim in a Chapter 13. New guidelines were put into effect April of 2009. Specifically, if a lender files a proof of claim the trustee must:
1.Verify that copies of documents supporting a perfected security interest are attached to the proof of claim.
2.Verify that that is an itemization of the pre-petition fees, costs, and other charges attached to the proof of claim.
3.Verify whether the proof of claim includes a flat fee for review of the chapter 13 plan prior to confirmation and for preparation of the proof of claim and, if so, whether the fee is reasonable.
4.Verify that the secured creditor has filed a proof of claim.
5.If after a trustee reviews the mortgage proof of claim and determines that it is improper the trustee must take appropriate action.
Debtors in San Jose should also note that these duties pertain to all judicial districts, even where local rules expressly provide that debtor’s counsel are required to review proofs of claim as part of their representation. Still, if a specific provision of these guidelines conflicts with a local rule, administrative order, or case law, the local rule, administrative order, or case law will control.
If you have questions regarding Bankruptcy in San Jose please contact us at 408.279.2288 for a free consultation or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our downtown San Jose bankruptcy attorneys, we can schedule you for a free face to face appointment in an office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Jose and the South Bay!
