Standing to object to claim | Tampa Bankruptcy Attorney | Michael Barnett, PA | Office locations in Hillsborough, Pasco & Polk County Florida

COVID UPDATE

This firm is now able to have all meetings necessary to file a bankruptcy case by telephone or video chat via Skype or Zoom.  Documents can be signed electronically, and filed upon the electronic signature with the originals mailed to the office by postal mail later.  Court hearings before judges are almost always held by telephone until the emergency is over, and meetings of creditors set before April 10 are continued, ones set after April 10 are tentatively being scheduled but procedures may change to do these by video or telephone.

   

The firm remains open to serve your needs while keeping everyone safe.


813-870-3100 | 506 N. Armenia Ave. Tampa FL 33609

Michael Barnett, PA
506 N. Armenia Ave. Tampa FL 33609 | 813-870-3100

 

Standing to object to claim:

Creditors do not have standing to contest the validity of proofs of claims when a trustee is prosecuting objections to such claims.

 

The bankruptcy code and rules impose a duty on the trustee to review and object to claims where appropriate. 11 U.S.C. §§502, Fed. R. Bankr. P. 3017.

 

In re Trusted Net Mediat Holdings, LLC, 334 B.R. 470 (Bankr. N.D. Ga. 2005). A creditor will only receive authorization to object to the claim of another creditor if the trustee refuses to act and the creditor establishes that the objection will ben3efit the estate.

 

In re Thompson, 965 F.2d 1136, 1147 (1st Cir. 1992). The trustee acts as the spokesman for all creditors in discharge of his duty, unless the trustee refuses to take action, so as to assure the orderly and expeditious administration of the estate. In re Morrison, 69 B.R. 586 (Bankr. E.D. Penn. 1987).

 

Michael Barnett, Esq.
Michael Barnett, PA
506 N Armenia Ave.
Tampa, FL 33609-1703
813-879-3100

Over 25 Years in Florida

Serving Hillsborough and Pasco County Florida for Over 25 Years!

Michael Barnett has provided his services in and around Tampa, Florida covering Hillsborough, Pasco and Polk County for over 20 years.

Board Certified

Mr. Barnett is board certified by the American Board of Certification in consumer bankruptcy law, and has been board certified since January 1993.

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