- FRBP
In re Calhoun
May
31
2013
Ruling
Claim disallowed as lacking evidence of transfer of ownership or servicing agreement and was barred by state statute of limitations.
Procedural posture
Debtors filed an objection to a proof of claim for $800.
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Court
:
- FRBP
In re Carlsen
Mar
27
2013
Ruling
Claim by debtor's former spouse based on amounts owed to third parties and non-existent sale proceeds denied.
Procedural posture
Debtor, the ex-husband of the claimant, objected to a $24,881 claim filed by her, which reflected that $13,798 was a priority claim and that the balance, $11,082, was a general unsecured claim. Issues included whether the claim as filed was properly accorded prima facie validity per Fed. R. Bankr. P. 3001.
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Court
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In re Jimenez
Feb
01
2013
Ruling
Bank sanctioned for inclusion of unitemized appraisal costs and expenses in proof of claim.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a bank filed a claim against the debtor's bankruptcy estate. The debtor filed an objection to the bank's proof of claim, alleging that the bank failed to properly itemize pre-petition interest, fees, expenses, and other charges included in the amount of its claim, as required under Fed. R. Bankr. P. 3001(c)(2)(A). The court held a hearing on the debtor's objection.
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Court
:
- FRBP
In re Cruse
Jan
28
2013
Ruling
Claim found not to be secured on debtor's objection due to lack of supporting documentation.
Procedural posture
A chapter 13 debtor objected to a creditor's claim, and the creditor objected to the confirmation of the debtor's plan.
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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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:
- 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
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In re McCormack
Mar
12
2012
Ruling
Failure to provide itemized statement of interest, fees, expenses or charges incurred prepetition was not grounds for disallowance of proof of claim.
Procedural posture
A chapter 13 trustee filed an objection to a proof of claim filed by a creditor on the grounds that the creditor failed to provide an itemized statement of interest, fees, expenses, or charges incurred before the debtors' petition was filed. The trustee sought an order striking the claim to the extent it failed to comply with Fed. R. Bankr. P. 3001(c)(2)(D)(ii).
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Court
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