Skip to main content

Rule 3001(f)

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.

ABI Membership is required to access the full summary of In re Arnold Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 04, 2009 , LexisNexis #0309-057
LexisNexis Article
Learn More

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.

ABI Membership is required to access the full summary of In re Fendall Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 08, 2008 , LexisNexis #0808-054
LexisNexis Article
Learn More

In re House of Wines Inc.

Jun
26
2007
Ruling
Claim that did not set forth basis for treatment as prepetition claim was not entitled to presumption of validity.
Procedural posture

Chapter 7 trustee filed an objection to the proof of claim filed by creditor.

ABI Membership is required to access the full summary of In re House of Wines Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on June 26, 2007 , LexisNexis #0707-120
LexisNexis Article
Learn More

In re Hunt-Shannon

May
04
2006
Ruling
Court required debtors to file an affidavit rebutting prima facie validity of creditor's proof of claim and held that debtors had burden of proving payment in full.
Procedural posture

Petitioner debtors filed an objection to respondent creditor's proof of claim on a loan made to a debtor.

ABI Membership is required to access the full summary of In re Hunt-Shannon Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on May 04, 2006 , LexisNexis #0606-032
LexisNexis Article
Learn More

In re Schrandt

Mar
20
2006
Ruling
Debtors failed to overcome the prima facie evidence of the validity of the creditor's claim.
Procedural posture

Bankruptcy debtors'plan was confirmed and the trustee's claims report allowed a creditor's claim secured by the debtors'automobile and the creditor's unsecured claim for the balance of the amount owed which was greater than the value of the vehicle. The debtors objected to allowance of the unsecured portion of the claim, asserting that the creditor agreed to waive the unsecured claim.

ABI Membership is required to access the full summary of In re Schrandt Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on March 20, 2006 , LexisNexis #0406-032
LexisNexis Article
Learn More
Subscribe to %1