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DENT'S GUIDE TO CLAIMS & OBJECTIONS TO CLAIMS
IN CONSUMER BANKRUPTCY CASES

TABLE OF CONTENTS

I. Introduction

A. The Claim Process
1. Who must file a claim?

2. When must it be filed by?

3. The Claim Prevails

B. Objections to Claims

1. What is a contested matter?

2. What is an adversary proceeding?

3. Why should you care?

II. Objections to Secured Claims

A. Complaints to Determine Validity of Liens
1. Unrecorded Mortgages

2. Defective liens

3. Mechanics Liens

B. Complaints to Determine Extent of Liens

1. Wholly Unsecured mortgages and liens

2. Claim exceeds value of collateral

3. Mortgage arrearages

III. Objections to Unsecured Claims

A. Duplicate Claims

B. Previously Discharged Claims

C. Barred by the Statute of Limitations

D. Objections to Classifications of Debts

E. Authorized User Claims

F. Identity Theft Claims

IV. Objections to Unliquidated, Contingent and Disputed Claims

A. Granfinanciera Case and jurisdiction of the bankruptcy court

B. Declaratory Judgment as a tool to resolve unliquidated, contingent and disputed claims.

V. Conclusion

VI. Appendix

Forms
ABOUT THE DISTINGUISHED AUTHOR
ROY JACKSON DENT

Roy Dent is an attorney at the law firm of Brankey & Smith, P.C., in Charleston, Illinois, where he specializes in bankruptcy litigation and consumer protection. Mr. Dent received his B.A. and M.A. degrees in history from California State University, Fullerton, and his J.D. degree from the Illinois Institute of Technology, Chicago-Kent College of Law.

He is a member of the Illinois bar and admitted to practice in the Northern, Southern, and Central Districts of Illinois, Southern District of Indiana, and the United States Court of Appeals for the Seventh Circuit.

He is certified by the American Board of Certification in Business Bankruptcy and Consumer Bankruptcy. In addition, he frequently writes and lectures on the topic of bankruptcy law, consumer protection laws, and debt collection.

 

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