- 11 U.S.C.
In re Gregg
Jul
30
2009
Ruling
Claim by creditor who paid buyer of debtor's mobile home without receiving title, which was still held by debtors, disallowed as debtors did receive a direct benefit and did not know the claimant had entered into a contract with the buyer.
Procedural posture
Debtors filed a petition under chapter 7 of the Bankruptcy Code, and a claimant filed an unsecured claim in the amount of $ 9,740 against the debtors' bankruptcy estate, alleging that the debtors were unjustly enriched at his expense. The chapter 7 trustee filed an objection to the claim.
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Court
:
- 11 U.S.C.
In re Petersen
Jun
26
2009
Ruling
Attorneys' fees portion of creditor's claim disallowed on debtor's objection as not reserved in original state court judgment.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Tammarine
Apr
30
2009
Ruling
Claim disallowed where creditor failed to establish whether claim related to a sale and investment or a loan agreement.
Procedural posture
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).
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Court
:
- 11 U.S.C.
In re Hall
Apr
15
2009
Ruling
Claim based on default judgment obtained via improper abode service on debtor disallowed.
Procedural posture
A chapter 13 debtor objected to a creditor's proof of claim on a default monetary judgment in a state court action.
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Court
:
- 11 U.S.C.
In re Peterson
Apr
10
2009
Ruling
Personal guarantees of leases were valid and not affected by bankruptcy of lessor or state court judgment in lessor's favor.
Procedural posture
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).
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Court
:
- 11 U.S.C.
In re Povey
Apr
09
2008
Ruling
Trustee's objections to proofs of claim sustained due to failure to attach writings or complete assignment documentation.
Procedural posture
A chapter 13 trustee filed objections, pursuant to 11 U.S.C.S. § 502(b)(1), to a creditor's proofs of claim.
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Court
:
- 11 U.S.C.
In re Beach Dev. LP
Jan
23
2008
Ruling
Claim by state court-appointed receiver for equity interest in debtor disallowed.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Kopp
Aug
31
2007
Ruling
Debtor's spouse's claim allowed in reopened case due to debtor's prior failure to disclose alleged fraudulent transfer.
Procedural posture
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).
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Court
:
- 11 U.S.C.
In re Lasky
Feb
22
2007
Ruling
State procedural requirements are not incorporated into bankruptcy claims process and could not render debt unenforceable.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Tri-State Ethanol Co. LLC
Nov
13
2006
Ruling
Bank allowed prepayment charge provided for in loan agreement with debtor.
Procedural posture
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.
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Court
: