Disputing a Bankruptcy Letter

Bankruptcy Lawyer in Columbus Georgia

Bankruptcy letter informs creditor that a debtor has filed for bankruptcy. The creditors also have rights and can contest this bankruptcy letter. The bankruptcy letter is a legal document that notifies creditor about automatic stay issued by bankruptcy court which prohibits him from collecting his dues from debtor or employing any other means to do the same.

Under the circumstances a bankruptcy lawyer can be contacted. A bankruptcy lawyer performs many functions and apart from protecting rights of the debtor they can protect rights of creditors too. The bankruptcy law has provisions wherein the bankruptcy letter can be disputed. There is a set legal process for this and to be successful, support and legal advice from an experienced bankruptcy lawyer is mandatory.

As soon as creditor receives the bankruptcy letter, he should get it reviewed by a legal professional. The bankruptcy letter is normally accompanied by a Proof of Claim document which has to be duly filled in and submitted in court by creditor. The Proof of Claim is a legal form that asks for details of the creditor, and amount owed to him by debtor. This document is send to all creditors of debtor who has filed for bankruptcy. The debtor is required to furnish a list of all creditors and money owed to them at the time of filing for bankruptcy. In case of not being provided with a Proof of Claim form, creditor should get it from the bankruptcy court clerk.

Details pertaining to debt taken by debtor have to be filled in the Proof of Claim form. Basic information such as name, business, contact information, amount of debt owed by debtor etc have to be filled in separate sections provided. The nature of debt, whether secured or unsecured also have to be specified. This Proof of claim form should be submitted to the bankruptcy court clerk. If creditor feels that debtor has filed for bankruptcy in bad faith he can proceed with an adversary proceeding. Adversary proceeding is a trial within the bankruptcy case.

Creditors need to obtain a standard complaint from a bankruptcy court clerk for an adversary proceeding. Creditor has to state the grounds on which the discharge of debt owed to him is being challenged. The complaint has to be filed with bankruptcy court clerk. The challenge has to be supported with substantial evidence in the bankruptcy court. The adversary proceeding is a trial which goes through all legal procedures and trials before final ruling by bankruptcy judge. If the ruling is in favor or the creditor, the debtor’s bankruptcy case can even get dismissed. If the ruling favors debtor, creditor would have to comply with the decision of bankruptcy judge with regard to discharge of debts.

Our Chapter 7 - Chapter 13 bankruptcy attorneys cover the Columbus Georgia area. Our bankruptcy lawyers handle debt relief cases in and around Columbus, Fort Benning, Chattahoochee County, Harris County, and Muscogee County. For a free consultation, call today.