| name | objection-to-proof-of-claim |
| title | Objection to Proof of Claim |
| description | Drafts Objections to Proof of Claim for U.S. bankruptcy courts under 11 U.S.C. § 502. Extracts case facts, identifies evidentiary deficiencies, and articulates grounds for disallowance or reduction. Use when a debtor, trustee, or party in interest challenges a creditor's proof of claim, claim classification, or insufficient documentation. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/objection-to-proof-of-claim |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | bankruptcy |
| language | en |
| tags | ["drafting","litigation","motion"] |
Objection to Proof of Claim
Draft a litigation-ready objection challenging a creditor's proof of claim in U.S. bankruptcy court, targeting disallowance or reduction under 11 U.S.C. § 502.
Prerequisites
Collect before drafting:
- Bankruptcy petition — debtor name, case number, chapter, petition date
- Proof of claim (POC) — claim number, filing date, creditor name, amount, stated basis, attachments
- Underlying documents — contracts, invoices, payment history, correspondence
- Schedules and SOFA — debtor's characterization and any discrepancies with POC
- Local rules — formatting, page limits, verification requirements
- Bar date order — claims deadline and timeliness of filing
Output Structure
1. Caption
Format per local rules. Include: court name with district, case number, debtor name (as on petition), chapter, and centered title "OBJECTION TO PROOF OF CLAIM NO. [X]".
2. Introduction
- State objector's standing under § 502(a) (debtor, trustee, or party in interest)
- Identify claim number, creditor name, and asserted amount
- Preview objection grounds in one to two sentences — do not argue
3. Factual Background
Chronological narrative covering:
- Origin of alleged debt (contract, date, terms)
- Pre-petition payment history and disputes
- Petition date, bar date, and POC filing date relative to bar date
- Discrepancies between schedules and POC
- Documentation attached or missing from POC
Present facts neutrally. Distinguish disputed from undisputed. Every assertion must trace to a producible source document.
4. Grounds for Objection
Identify all applicable grounds:
| Ground | Authority | Showing Required |
|---|
| Insufficient documentation | FRBP 3001(f); § 502(b) | Missing contracts, invoices, or statements |
| Calculation errors | § 502(b)(1) | Incorrect interest, unauthorized fees, principal errors |
| Statute of limitations | § 502(b)(1) + state law | Claim accrued outside limitations period |
| Improper priority | § 503(b), § 507(a)(8), § 506 | Fails statutory priority requirements |