- FRBP
In re TP & J Corp.
Feb
13
2009
Ruling
Title company's purchase of claim from first lienholder in order to minimize impact of erroneous search on second lienor effected a valid assignment.
Procedural posture
Debtor filed an objection to creditor's claim.
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Court
:
- FRBP
In re Arnold
Feb
04
2009
Ruling
Attorney general's claim for child support arrears allowed only in part due to failure to rebut debtor's objection.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and the Texas Attorney General filed a claim in the amount of $ 6,793.57 against the debtor's bankruptcy estate. The debtor filed an objection to the Attorney General's claim.
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Court
:
- FRBP
In re Todays Destiny Inc.
Nov
26
2008
Ruling
Objection to proofs of claim sustained with respect to claims that lacked documentation or signed explanatory statements.
Procedural posture
Lenders of a chapter 7 debtor objected to all of the proofs of claim filed by customers of the debtor, in part on the grounds that they did not contain the documentation and factual basis required by Fed. R. Bankr. P. 3001.
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Court
:
- FRBP
Stauder v. eCast Settlement Corp. (In re Stauder)
Oct
16
2008
Ruling
Credit card proofs of claim supported only by "account summaries" disallowed.
Procedural posture
The debtors objected to three proofs of claim filed by the same creditor. The substance of each objection was that the creditor failed to attach sufficient documentation to the claim form to allow that claim to be accorded "prima facie"validity.
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Court
:
- FRBP
In re Hight
Aug
13
2008
Ruling
Objection to mortgagee's proof of claim sustained with regard to alleged escrow shortage and a portion of pre- and postpetition fees.
Procedural posture
A mortgagee secured by a bankruptcy debtor's real property submitted a proof of claim in the debtor's bankruptcy for the principal of the mortgage loan, arrearages, late charges, property preservation/inspection fees, pre-petition attorney fees and costs, escrow shortage, and post- pertition attorney fees. The debtor objected to the mortgagee's proof of claim.
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Court
:
- FRBP
In re Reyna
Jul
28
2008
Ruling
Objection to credit card debt proof of claim sustained due to lack of supporting evidence.
Procedural posture
In the debtors' chapter 13 bankruptcy case, a creditor filed a proof of claim for a credit card debt. The debtors objected to the proof of claim. The bankruptcy court held a hearing on the objection.
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Court
:
- FRBP
In re Final Analysis Inc.
May
16
2008
Ruling
Assignment of claim in involuntary case allowed over creditors' objections.
Procedural posture
Creditors of a corporate debtor filed an involuntary petition against the debtor under chapter 7 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. A creditor who was employed by the debtor transferred his claim to an assignee, and other creditors filed an objection to the transfer.
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Court
:
- FRBP
In re Fendall
May
08
2008
Ruling
Lis pendens was not evidence of secured claim.
Procedural posture
The debtor filed an objection to creditor's claim asserting that the claim was not in proper form, was not supported by documentation required if the claim was alleged to be secured, and provided insufficient documentation to establish the amount of the claim. Attached to the proof of claim was a lis pendens notice in which the creditor alleged that she advanced a total of at least $ 71,000 to the debtor.
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Court
:
- FRBP
In re Stewart
Apr
10
2008
Ruling
Mortgagee's claims for improper fees disallowed and damages assessed for duplicitous and misleading conduct.
Procedural posture
In connection with an objection filed by a chapter 13 debtor to the second amended claim of a mortgagee, the court ordered the mortgagee to produce documents pertaining to the amounts described therein and considered the proper disposition of the objection under Fed. R. Bankr. P. 3001. At issue, inter alia, was the propriety of charges for inspection fees, appraisal fees, other charges, attorneys fees and costs, and certain "escrow advances."
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Court
:
- FRBP
In re White
Jan
29
2008
Ruling
Proofs of claim disallowed due to assignee creditors' inability to establish validity upon debtors'objection.
Procedural posture
Bankruptcy debtors objected to proofs of claim filed by putative assignees of claims against bankruptcy debtors, on the ground that the proofs of claim failed to include documents evidencing the claims or the assignment of the claims to the assignees as required by Fed. R. Bankr. P. 3001.
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Court
:
District of Texas ( ) [ Bankruptcy Court ]