Objections and Complaints Against a Distribution Schedule

If no share was allocated to your claim despite receipt of sale proceeds, first review the distribution schedule and calculation. Why a creditor received priority, the amounts of claims, and the validity of attachments are separate questions. Not every objection goes to the same court through the same procedure.

When Are Objections and Complaints Against a Distribution Schedule Considered?

In attachment, a distribution schedule shows allocation among right holders where sale proceeds do not cover claims. Under Articles 140 et seq. of the Enforcement and Bankruptcy Law, complaints concerning preparation and ranking must be distinguished from objections to another creditor's claim on its merits or amount. The remedy is assessed by the allegation's substance rather than the application's label.

For example, alleging that a higher-ranking claim is not genuine involves evidence of payment and the debt relationship. An allegation that an attachment date is incorrect or the schedule was prepared by an incompetent office focuses instead on procedural records. The application's subject must clearly reflect this difference.

Examine the Remedy and the Stage of the File Together

The timetable beginning with service of the schedule matters. Asking the enforcement office for an explanation or speaking to a creditor does not automatically replace the necessary court application. Procedures for schedules in bankruptcy and attachment must also not be transferred between them. Competence, parties, and burden of proof must be identified from the outset.

Documents to Prepare for the Initial Review

• The distribution schedule and service document
• The sale and distribution calculation
• Attachment, security, and file claim records
• Contract and payment documents concerning the disputed claim

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