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Rule 3001

In re Davenport

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

In re American Hous. Found.

Ruling
Unsecured creditors' liquidating trust substituted for four creditors as owner of claim.
Issue(s)
Were assignments by four creditors to unsecured creditors' liquidating trust effective or did attempted retroactive reassignments render the original assignments void?

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Commercial opinion summary, case decided on November 02, 2015 , LexisNexis #1115-138

In re Forby

Ruling
Late-filed proof of claim allowed as relating back to timely informal proof of claim.
Issue(s)
Could a late-filed proof of claim be allowed where creditor had previously filed a timely but deficient proof of claim without using the official form?

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Consumer opinion summary, case decided on July 07, 2015 , LexisNexis #0715-139

Critten v. Quantum3 Grp. LLC (In re Critten)

Ruling
Debtor had no private right of action for damages due to creditor's failure to comply with Rule 3001.
Issue(s)
Could debtor bring a private right of action against creditor whose claim was disallowed due to failure to comply with Rule 3001?

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Consumer opinion summary, case decided on April 10, 2015 , LexisNexis #0515-033

Dorula v. Brooks (In re Starlight Group LLC)

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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Commercial opinion summary, case decided on October 21, 2014 , LexisNexis #1114-067

In re IDC Clambakes Inc.

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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Commercial opinion summary, case decided on May 16, 2014 , LexisNexis #0614-102

In re Jackson

Ruling
Debtor's objection to claim denied due to failure to rebut presumption of validity.
Issue(s)
Could debtor object to proof of claim based on creditor's alleged lack of ownership of mortgage.

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Consumer opinion summary, case decided on December 31, 2013 , LexisNexis #0114-103

In re Lewis

Ruling
Self-contradicting proof of claim modified to reflect proper amount of debt.
Issue(s)
Should proof of claim listing two different values be modified.

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Consumer opinion summary, case decided on October 18, 2013 , LexisNexis #1113-104

In re Young

Ruling
Lack of documentation is not grounds for objection to allowance of proof of claim.
Procedural posture

Debtor filed an objection to a claim, arguing that failure of the claimant to attach supporting documents showing its ownership of the claim or the executing party's standing to sign the proof of claim were violations of Fed. R. Bankr. P. 3001(b) and warranted disallowance of the claim in its entirety.

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Consumer opinion summary, case decided on July 01, 2013 , LexisNexis #0813-102

In re Harris

Ruling
Fee shifts for non-compliance with amended Rule 3001 could not be applied retroactively.
Procedural posture

Debtors sought to impose fees against claimants for noncompliance with Fed. R. Bankr. P. 3001. Each attempt at fee shifting was incorporated into a claim objection.

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Consumer opinion summary, case decided on June 05, 2013 , LexisNexis #0613-140