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chapter 7 omnibus objection to claim????

Submitted by ndmike25 on Sat, 03/05/2011 - 07:45
Posts: 88
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My chapter 7 was discharged in October 2010. On March 1, I got this notice from the court that my trustee has filed an omnibus objection to claim. What the hell does that mean? Can anyone answer this? Should I respond or let it go?


hmm... well, it looks like a normal notice of deadline for response to objection but it says, "Notice of deadline for response to trsutee's omnibus objection to claim." Then it goes on to say that i've been notofied that any response must be filed.... yada, yada, yada. If a response is filed, blah, blah, blah... Typical objection language. I just don't understand because I haven't filed any claims so what is she objecting for. My case was discharged around 4 months ago. I just wondered if anyone had heard of this "omnibus objection to claim" and what exactly that means. I've done some other internet researches and it seems like something that isn't used much.


Submitted by ndmike25 on Sat, 03/05/2011 - 09:17

ndmike25

( Posts: 88 | Credits: )


You as the debtor, get a copy of everything that is filed in your case - which does not necessarily mean you have to respond.

I believe you are looking at the Notice of Filing Objection, not the actual Objection. What does the actual Objection state. Why is the Trustee objecting and to what?

It should say something like. . . Now comes the Chapter 7 Trustee and hereby objects to the Proof of Claim filed by ****** because. . . What is the "because"

Typically a Trustee will object to a claim because:
1. it was filed late
2. it does not attach documentation evidencing a debt
3. it is a duplicate claim.

Des.


Submitted by despritfreya on Sat, 03/05/2011 - 16:15

despritfreya

( Posts: 175 | Credits: )


this is what it looks like http://www.insb.uscourts.gov/WebForms/omnibus%20objection%20to%20claims%20form.pdf. Also, in the Grounds for Objection column, it says "secured claimant" and under Proposed Treatment, it says, "disallow/Object". I'm assuming this is a creditor who has filed a claim and this is between the trustee and the creditor.


Submitted by on Sun, 03/06/2011 - 17:50

( Posts: 202330 | Credits: )


Now I understand and your assumption is correct. You are an asset Chapter 7. The Trustee sent notices to creditors telling them to file claims. A secured creditor filed a claim. The Trustee is not going to pay the secured creditor as the secured creditor must first look to its collateral. As a result the Trustee has objected to payment of the claim. I assume that if you are surrendering the collateral, once the secured creditor liquidates it, it could "amend" the claim to "unsecured" and potentially share in the distribution.

Nothing for you to worry about.

Des.


Submitted by despritfreya on Mon, 03/07/2011 - 05:46

despritfreya

( Posts: 175 | Credits: )