QUESTION
Are there any templates or samples of the withdrawal form for proof of claim available?
Asked on Jul 13th, 2017 on Bankruptcy - New Jersey
More details to this question:
I have a PROSE case confirmed bankruptcy case. There is a POC I filed for my creditor in this case so it would originally be taken care of within the bankruptcy. However, it has since been paid outside the case so now I need to withdraw the claim so they are not double paid. The claim was for traffic tickets so I was able to outside pay.
2 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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The debtor can't withdraw the claim of a creditor. Only the creditor can withdraw its claim. The debtor can file an objection to the claim, stating that it has already been paid, then the creditor has the choice of withdrawing the claim or going to a hearing before the judge to explain why the claim was not withdrawn.
Answered on Sep 29th, 2017 at 8:13 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
2 Awards
You as the debtor can not file a withdrawal of the Proof of Claim. The creditor who filed must do same.
Answered on Sep 29th, 2017 at 8:12 AM