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Rule 3007

Nicolaus, In re--Nicolaus v. United States

Jul
06
2020
Ruling
Court reversed the order that debtor had to object to a proof of claim by serving it on the Attorney General as Rule 3007 states that objection only had to be mailed to the claimant. (8th Cir.)
Issue(s)
Objections to Claims.

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Court :
( Judge Stras ) [ Court of Appeal ]
Consumer opinion summary, case decided on July 06, 2020 , LexisNexis #0820-049
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Rutledge v. Wells Fargo Bank (In re Rutledge)

May
16
2014
Ruling
Debtor could raise objection to proof of claim in an adversary proceeding against creditor.
Issue(s)
Could debtor include an objection to creditor's proof of claim in its adversary proceeding against the creditor?

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Consumer opinion summary, case decided on May 16, 2014 , LexisNexis #0614-103
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Arnott v. IRS (In re Arnott)

Jun
18
2008
Ruling
Objection to proof of claim properly named and was served upon IRS.
Procedural posture

Movant debtors filed an objection to a proof of claim filed by respondent IRS, and the IRS argued that the objection should be dismissed. The IRS asserted that the debtors did not name the property party respondent, that the United States was not properly served, and that the court lacked jurisdiction to hear the objection.

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Consumer opinion summary, case decided on June 18, 2008 , LexisNexis #0708-096
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In re Driscoll

Nov
22
2006
Ruling
Objection to IRS proof of claim was a contested matter which debtor did not need to bring as adversary proceeding.
Procedural posture

The chapter 13 debtors objected to a claim filed by the IRS on the ground that a portion of the claim was discharged.

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opinion summary, case decided on November 22, 2006 , LexisNexis #0107-070
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In re Hensley

Mar
20
2006
Ruling
Court deemed that notice of claim objection was sufficient since the notice was mailed to the government creditor's notice address state in its proof of claim.
Procedural posture

Putative creditor, the U.S. Department of Education, sought to collect an alleged student loan balance from debtor, who had received a discharge following completion of her chapter 13 plan. The government argued that the discharge judgment was void and it was entitled to relief under Fed. R. Civ. P. 60(b)(4), because it was given insufficient notice of the objection to its claim.

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opinion summary, case decided on March 20, 2006 , LexisNexis #0506-067
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