How to Object to a Proof of Claim in Ohio

When you file for bankruptcy, you must provide the court with a list of your creditors. Your creditors can then file a proof of claim, in which the creditor states that you owe a certain amount of money. The proof of claim allows the creditor to attempt to recover his debt from your bankruptcy estate. If you disagree with a proof of claim, you can file an objection. In Ohio, you must do this at the Ohio district bankruptcy court that serves your county of residence.

Things You'll Need

• Notice of proof of claim

Instructions

1. Collect all copies of proof of claim notices. Read over the notices carefully. Check each notice against your records of how much you owe the creditor.

2. File an objection to the proof of claim with the Ohio bankruptcy court that is handling your claim. If you have an attorney, discuss the matter with him and ask him to file the objection on your behalf. In your objection, state why you disagree with the proof of claim. Filing errors, claims by creditors you don't owe money to or claims for the wrong amount of money are valid reasons to object to a proof of claim.

3. Attend court on the hearing date you received in a notice from the court. Provide evidence that the claim is wrong or was filed incorrectly. After hearing evidence from both sides, the court will determine whether your objection is valid and dismiss the proof of claim if it is.

Tips & Warnings

• Contact Legal Aid if you can't afford an attorney. An attorney can help you navigate the entire bankruptcy process and make sure any objections are filed correctly.

References

• Legal Directories: Proof of Claim in Bankruptcy; Steven L Higgs, PC; May 2008
• Northern Ohio Bankruptcy Court: Linda Malsch Case - Objection to Proof of Claims
• Virginia State Bar: In Light of Current Mortgage Crisis, Errors in Proofs of Claim on the Rise; Kelly M. Barnhart; Summer 2010