Bankruptcy Alphabet-O is for Objection

You’ve seen it a million times on legal television programs, “Objection!” It doesn’t necessarily play out the same in bankruptcy cases.

              O is for Objection

Photo by Leo Reynolds

There are countless objections that can be raised throughout a bankruptcy case. I’m limiting this entry for two specific objections that are normally raised by trustees and some creditors.

Objection to Exemptions
You will see this objection if the trustee or a creditor does not believe you are entitled to the use of an exemption you have listed on your bankruptcy petition.

If you believe you are entitled to use that particular exemption, a hearing will be required where affidavits and documents would be used to establish your ability to use that exemption.

Objection to Confirmation of Plan
You will see this objection from the trustee or creditor if the proposed plan in a Chapter 13 case does not satisfy the statutory requirements under the Bankruptcy Code.

The requirements to confirm a plan are outlined in the Letter P entry of the Bankruptcy Alphabet.

Objection to Proof of Claim
A debtor or trustee will file an objection to a claim filed by a creditor if the claim is incorrect or filed out of time. It is important that your attorney review these claims to determine whether they are legitimate claims.

If the creditor does not respond to the objection, the Court will deny the claim. If the creditor does respond, a hearing will be scheduled to determine whether the claim is entitled to remain.

Other Bankruptcy Lawyers talking about the Letter O include:
Own-New York Bankruptcy Attorney, Jay S. Fleischman

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