§ 502(b)(1)

In re Petersen

A debtor filed for relief under chapter 13 of the Bankruptcy Code. A creditor filed a proof of claim, and the debtor, pursuant to 11 U.S.C.S. § 502(b)(1) and Fed. R. Bankr. P. 3007(a), objected to the claim.
Ruling: 
Attorneys' fees portion of creditor's claim disallowed on debtor's objection as not reserved in original state court judgment.
ABI Membership is required to access the full summary of In re Petersen. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 26,2009, LexisNexis #0809-080

In re Tammarine

A chapter 13 debtor objected to a creditor's claim that the money the creditor transferred to the debtor was a loan. The bankruptcy court held an evidentiary hearing to determine the validity of the claim under 11 U.S.C.S. § 502(b)(1).
Ruling: 
Claim disallowed where creditor failed to establish whether claim related to a sale and investment or a loan agreement.
ABI Membership is required to access the full summary of In re Tammarine. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 30,2009, LexisNexis #0709-116

In re Hall

A chapter 13 debtor objected to a creditor's proof of claim on a default monetary judgment in a state court action.
Ruling: 
Claim based on default judgment obtained via improper abode service on debtor disallowed.
ABI Membership is required to access the full summary of In re Hall. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 15,2009, LexisNexis #0609-111

In re Peterson

The creditor, a lessor and successor in interest to two personal guarantees executed by the debtor in relation to two personal property leases for equipment placed in a pharmacy, filed a proof of claim in the amount of $ 275,462.87. The debtor-guarantor filed an objection to the claim pursuant to 11 U.S.C.S. § 502(b)(1) and Fed. R. Bankr. P. 3007(a).
Ruling: 
Personal guarantees of leases were valid and not affected by bankruptcy of lessor or state court judgment in lessor's favor.
ABI Membership is required to access the full summary of In re Peterson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 10,2009, LexisNexis #0909-080

In re Povey

A chapter 13 trustee filed objections, pursuant to 11 U.S.C.S. § 502(b)(1), to a creditor's proofs of claim.
Ruling: 
Trustee's objections to proofs of claim sustained due to failure to attach writings or complete assignment documentation.
ABI Membership is required to access the full summary of In re Povey. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 09,2008, LexisNexis #0508-043

In re Beach Dev. LP

A receiver appointed by a state court to take possession of a decedent's equity security interest in a bankruptcy debtor filed a claim in the bankruptcy case, and the administrator of the decedent's estate objected to the receiver's claim.
Ruling: 
Claim by state court-appointed receiver for equity interest in debtor disallowed.
ABI Membership is required to access the full summary of In re Beach Dev. LP. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on January 23,2008, LexisNexis #0208-134

In re Kopp

The debtor filed for relief under chapter 7. After the debtor's claim was reopened, the debtor's wife filed a proof of claim. The debtor objected to the claim, contending that the wife retroactively lost her claim under 11 U.S.C. § 502(b)(1).
Ruling: 
Debtor's spouse's claim allowed in reopened case due to debtor's prior failure to disclose alleged fraudulent transfer.
ABI Membership is required to access the full summary of In re Kopp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Lasky

Chapter 7 debtors objected to certain proofs of claims filed by general unsecured creditors. Debtors argued that the claims at issue should be disallowed under the "applicable law" language of 11 U.S.C. § 502(b)(1). The "applicable law" relied upon was Cal. Code Civ. Proc. § 454 and the Fair Debt Collections Practices Act ("FDCPA"), 15 U.S.C. §§ 1692, 1692a-1692p.
Ruling: 
State procedural requirements are not incorporated into bankruptcy claims process and could not render debt unenforceable.
ABI Membership is required to access the full summary of In re Lasky. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Tri-State Ethanol Co. LLC

Before the court in debtor's chapter 7 matter was creditor bank's 11 U.S.C. § 506(b) Motion for Allowance of Prepayment Charge. The trustee and another financial company objected to the motion. By its motion, the bank sought payment of a prepayment charge referenced in various lending-related documents.
Ruling: 
Bank allowed prepayment charge provided for in loan agreement with debtor.
ABI Membership is required to access the full summary of In re Tri-State Ethanol Co. LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re FV Steel & Wire Co.

Chapter 11 debtors objected to a former employee's proof of claim pursuant to 11 U.S.C. § 502(b)(1), on the grounds that the claim was barred by judicial estoppel.
Ruling: 
Discharged debtor's unscheduled EEOC action was not barred by judicial estoppel.
ABI Membership is required to access the full summary of In re FV Steel & Wire Co.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to § 502(b)(1)