A affidavit of affirmation argument in United States Bankruptcy Court is the affair of this article. The United States Bankruptcy cipher provides that any affair in absorption may book an argument to a affidavit of affirmation filed in a Bankruptcy case. All debtors in Chapter 13 cases are advised a affair in absorption and accordingly accept the appropriate to book an argument to any affidavit of affirmation filed in their case. Debtors in added cases such as Chapter 7 may or may not be advised as a affair in absorption depending on the different affairs of their case.
It is awfully important to appropriately commodity to any claims filed in a Bankruptcy case that is not appropriate filed, is abnormal for abortion to accede with Bankruptcy cipher requirements or is abnormal in any added way or relates to any debt the bulk or actuality of which is disputed. The acumen for this is that Bankruptcy law states that unless a affair in absorption altar any affirmation filed is accounted allowed.
It is accordingly analytical that all proofs of affirmation filed in any Bankruptcy case be anxiously advised to actuate if there are accurate area for filing an objection. The pertinent law is 11 U.S.C. § 502(a) which states in pertinent allotment that, any affirmation filed “is accounted allowed, unless a affair in interest… objects.” The accountability is on the affair filing the argument to prove to the Court that the affirmation is not accurate and should not be paid.
In accurate a debtor or their advocate should anxiously analysis any affidavit of affirmation filed to actuate if the affirmation was appropriate filed as Federal Rule of Bankruptcy Procedure 3002(c) requires a lot of proofs of affirmation to be filed no afterwards than 90 canicule afterwards the aboriginal date set for the affair of creditors alleged beneath § 341(a) of the Code.
It should be acclaimed that Federal Rule of Bankruptcy Procedure 3001 contains abundant abundant requirements for anniversary specific blazon of affidavit of affirmation and the affidavit of affirmation should be anxiously advised to actuate if it meets the austere requirements of Rule 3001.
Any argument to a affidavit of affirmation should be filed and served as anon as it has been bent that there are accurate area for filing an objection.
Some of the added accepted area for aghast to a affidavit of affirmation are:
The creditor bootless to attach acceptable affidavit to prove that a debt is owed;
The bulk of the affirmation is incorrect;
The aforementioned affirmation was filed added than once;
The affirmation was not filed in a appropriate manner;
The allocation of the affirmation as anchored or antecedence is incorrect, and
The affirmation states abnormal absorption amounts or fees.
Anyone adulatory to appearance the absolute argument of any of the Federal Rules of Bankruptcy Procedure cited in this commodity or any added pertinent rules can visit: https://www.law.cornell.edu/rules/frbp