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Rule 3001(c)

Lemay, In re

Jun
20
2025
Ruling
Claim allowed based on itemized statement provided along with later supplemental itemization and debtor’s failure to provide evidence supporting disallowance. (Bankr. D. Me.)
Issue(s)
Proof of Claim; Supporting Information; Additional Requirements; Prepetition Interest, Fees, Expenses or Other Charges.

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Consumer opinion summary, case decided on June 20, 2025 , LexisNexis #0825-099
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Moore v. Am. Express Bank FSB (In re Moore)

Mar
22
2016
Ruling
Proofs of claim filed by credit card company were not entitled to prima facie validity except to the extent supported by original applications and agreements.
Issue(s)
Were proofs of claim filed by credit card company entitled to prima facie validity?

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Consumer opinion summary, case decided on March 22, 2016 , LexisNexis #0416-103
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In re Davenport

Dec
31
2015
Ruling
Creditor not estopped from collecting prepetition arrears on promissory note not included in proof of claim or provided for in debtor's chapter 13 plan.
Issue(s)
Was creditor estopped from collecting prepetition interest arrears that were not included in its proof of claim or provided for in debtor's chapter 13 plan?

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Consumer opinion summary, case decided on December 31, 2015 , LexisNexis #0116-136
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In re Calhoun

May
31
2013
Ruling
Claim disallowed as lacking evidence of transfer of ownership or servicing agreement and was barred by state statute of limitations.
Procedural posture

Debtors filed an objection to a proof of claim for $800.

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Consumer opinion summary, case decided on May 31, 2013 , LexisNexis #0713-034
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In re Jimenez

Feb
01
2013
Ruling
Bank sanctioned for inclusion of unitemized appraisal costs and expenses in proof of claim.
Procedural posture

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a bank filed a claim against the debtor's bankruptcy estate. The debtor filed an objection to the bank's proof of claim, alleging that the bank failed to properly itemize pre-petition interest, fees, expenses, and other charges included in the amount of its claim, as required under Fed. R. Bankr. P. 3001(c)(2)(A). The court held a hearing on the debtor's objection.

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Consumer opinion summary, case decided on February 01, 2013 , LexisNexis #0213-137
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In re McCormack

Mar
12
2012
Ruling
Failure to provide itemized statement of interest, fees, expenses or charges incurred prepetition was not grounds for disallowance of proof of claim.
Procedural posture

A chapter 13 trustee filed an objection to a proof of claim filed by a creditor on the grounds that the creditor failed to provide an itemized statement of interest, fees, expenses, or charges incurred before the debtors' petition was filed. The trustee sought an order striking the claim to the extent it failed to comply with Fed. R. Bankr. P. 3001(c)(2)(D)(ii).

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Consumer opinion summary, case decided on March 12, 2012 , LexisNexis #0412-035
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In re OBrien

Sep
30
2010
Ruling
Proof of claim disallowed due to inadequate documentation of creditor's assignee status.
Procedural posture

Before the court was the debtors' objection to a proof of claim filed by a creditor asserting that it held a claim of $13,024 as an assignee of a credit card account.

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Consumer opinion summary, case decided on September 30, 2010 , LexisNexis #1010-132
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In re Schmale

Apr
28
2009
Ruling
Possibly duplicative claim disallowed when creditor failed to provide sufficient substantiation.
Procedural posture

The chapter 13 case was before the court upon the trustee's objection to the claim of creditor "F." Creditor "F" opposed the trustee's objection.

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Consumer opinion summary, case decided on April 28, 2009 , LexisNexis #0709-131
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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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Consumer opinion summary, case decided on October 16, 2008 , LexisNexis #0109-028
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