Skip to content

“Simple as it seems, filing a proof of claim is a seminal act in bankruptcy that must be done right. Every time.” In re Milliman, C/A No. 17-10393, 2018 WL 1475937, at *3

In this case, In re Simmons, C/A No. 22-00680-eg, slip op. (Bankr. D.S.C. Aug 31, 2022, the Court awarded attorney’s fees and costs to Debtor who had to object to the mortgage company’s proof of claim.

The court found that payments were omitted from the mortgage claim history when the claim was originally filed. Even though the creditor amended it’s claim, payments were still missing and the creditor had not attempted to review the still incorrect claim with Debtor’s counsel until it’s own witness was testifying at the hearing and concluded that the claim was indeed still incorrect.