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§ 502(a)

Benninger v. First Colony Life Ins. Co. (In re Benninger)

Dec
18
2006
Ruling
Claims of creditor who took advantage of debtor while she was a grieving mother disallowed on grounds of unclean hands.
Procedural posture

Before the court was movant debtor's motion to release funds held by respondent life insurance company. The second matter was movant debtor's objection to all proofs of claim filed by respondent creditor.

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opinion summary, case decided on December 18, 2006 , LexisNexis #0207-019
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In re Kitts

Nov
16
2006
Ruling
Trustee's objection to unsecured claim sustained where plan provided for surrender of debtor's car in full satisfaction of debt.
Procedural posture

Debtors'filed for chapter 13 bankruptcy relief. The bankruptcy trustee filed an objection to a proof of claim filed by a creditor.

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opinion summary, case decided on November 16, 2006 , LexisNexis #0107-074
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In re Anderson

Aug
30
2006
Ruling
Bankruptcy court properly allowed presumptively valid claims absent evidence from debtor that would rebut the claims.
Procedural posture

Appellant debtor sought review of a bankruptcy court's order allowing the claims of appellee creditors. The debtor did not seek a stay of the order allowing the creditors'claims, and the debtor did not appeal the bankruptcy court's approval of the trustee's plan of reorganization. The creditors contended that the appeal was equitably moot.

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opinion summary, case decided on August 30, 2006 , LexisNexis #1006-052
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Litton Loan Servicing LP v. Garvida (In re Garvida)

Jul
31
2006
Ruling
Bankruptcy court properly sustained objection to proof of claim where debtor's rebutted evidentiary presumption.
Procedural posture

Chapter 13 claimant appealed a decision of the Bankruptcy Court for the Western District of Washington, which sustained debtors'objection to claimant's claim.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on July 31, 2006 , LexisNexis #0906-042
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In re Beach Dev. LP.

Jul
24
2006
Ruling
Creditor's objection to claims of limited partner's former spouse and limited partner's receiver overruled.
Procedural posture

Two creditors, an individual and a partnership, objected to the claims of the third and fourth creditors, the debtor's limited partner's ex-wife and the limited partner's receiver, and moved for summary judgment. The receiver objected to the claims of the individual and the partnership. The receiver sought summary judgment on his objections and sought dismissal of the partnership's objection to his claim.

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opinion summary, case decided on July 24, 2006 , LexisNexis #1006-053
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DeRose v. Chiro Plus Inc. (In re Chiro Plus Inc.)

Mar
03
2006
Ruling
Creditors'argument that burdens of proof were improperly allocated was rejected since the trustee rebutted the prima facie validity of the creditors'claims and the creditors failed to then show the claims were valid.
Procedural posture

Appellant creditors were hired by two chapter 7 debtors to process and collect their bills. The creditors filed claims after the debtors terminated their contract and filed for bankruptcy protection. The creditors appealed after the bankruptcy court granted a motion filed by appellee, a chapter 7 trustee, and expunged the claims that they had filed in the debtors'consolidated bankruptcy proceedings.

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opinion summary, case decided on March 03, 2006 , LexisNexis #0306-119
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