- FRBP
In re Salyers
Jun
23
2016
Ruling
Debtor lacked standing to object to attorney’s proof of claim.
Issue(s)
Should debtor’s objection to attorney’s proof of claim be sustained?
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Court
:
- FRBP
Dorula v. Brooks (In re Starlight Group LLC)
Oct
21
2014
Ruling
Prepetition settlement was void due to subsequent false representations.
Issue(s)
Whether a pre-petition settlement agreement that reduced the indebtedness to two creditors was procured by fraud?
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Court
:
- FRBP
In re IDC Clambakes Inc.
May
16
2014
Ruling
Implied contract claims of creditor condominium association disallowed.
Issue(s)
Should implied contract claims of creditor condominium association arising out of debtor's alleged seven-year trespass on a parcel of land be disallowed?
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Court
:
- FRBP
In re Tipton
Jan
11
2013
Ruling
Objection to proof of claim for alleged improper documentation overruled.
Procedural posture
A chapter 13 debtor objected to a proof of claim, contending that it did not comply with Fed. R. Bankr. P. 3001 and Bankr. D. Mont. R. 3001(c)(1) and should be disallowed because the creditor did not provide copies of the transfer documents to show chain of title and establish that the rights to said note and deed of trust were transferred to the creditor.
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Court
:
- FRBP
In re QR Props. LLC
Jan
07
2013
Ruling
Claims arising from country club membership subscription agreement between creditors and debtor club owner's predecessor disallowed.
Procedural posture
A chapter 11 debtor filed objections to 32 proofs of claim arising from country club membership subscription agreements between the claimants and the predecessor to the debtor in ownership of the country club.
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Court
:
- FRBP
In re DeBouver
Dec
31
2012
Ruling
Debtor's objection to proof of claim based on contract sustained due to creditor's material breach.
Procedural posture
Chapter 13 debtors objected to a proof of claim filed by a creditor.
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Court
:
- FRBP
Randall v. United States Bank (In re Randall)
Dec
21
2012
Ruling
Bank's properly filed and documented proof of claim was prima facie evidence of the claim's validity.
Procedural posture
In this adversary proceeding plaintiff debtors sought a determination of the validity of defendant bank's secured claim. Debtors and the bank filed competing motions for summary judgment, Fed. R. Civ. P. 56, applicable by virtue of Fed. R. Bank. P. 7056.
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Court
:
- FRBP
In re Evans
Jul
10
2012
Ruling
Claim by estate of debtor's fomer spouse based on domestic relations order that was never entered was unsecured.
Procedural posture
Claimant, the decedent's estate for the former spouse of debtor filed a secured claim against debtor's estate for the funds debtor was obligated to pay the decedent under their separation award. The debtor filed an objection to claim, asserting any such claim was unsecured under the facts of the case.
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Court
:
- FRBP
In re Borin
Nov
02
2011
Ruling
Creditor mortgagee's claim disallowed due to failure to give debtor credit for prepetition payments made based on servicer's statements.
Procedural posture
A chapter 13 debtor objected to the claim of a mortgagee creditor on the grounds that the creditor's proof of claim overstated the arrearage by failing to give him credit for prepetition payments.
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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
: