- FRBP
In re Final Analysis Inc.
May
16
2008
Ruling
Assignment of claim in involuntary case allowed over creditors' objections.
Procedural posture
Creditors of a corporate debtor filed an involuntary petition against the debtor under chapter 7 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. A creditor who was employed by the debtor transferred his claim to an assignee, and other creditors filed an objection to the transfer.
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Court
:
- FRBP
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.
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Court
:
- FRBP
In re Stewart
Apr
10
2008
Ruling
Mortgagee's claims for improper fees disallowed and damages assessed for duplicitous and misleading conduct.
Procedural posture
In connection with an objection filed by a chapter 13 debtor to the second amended claim of a mortgagee, the court ordered the mortgagee to produce documents pertaining to the amounts described therein and considered the proper disposition of the objection under Fed. R. Bankr. P. 3001. At issue, inter alia, was the propriety of charges for inspection fees, appraisal fees, other charges, attorneys fees and costs, and certain "escrow advances."
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Court
:
- FRBP
In re White
Jan
29
2008
Ruling
Proofs of claim disallowed due to assignee creditors' inability to establish validity upon debtors'objection.
Procedural posture
Bankruptcy debtors objected to proofs of claim filed by putative assignees of claims against bankruptcy debtors, on the ground that the proofs of claim failed to include documents evidencing the claims or the assignment of the claims to the assignees as required by Fed. R. Bankr. P. 3001.
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Court
:
District of Texas ( ) [ Bankruptcy Court ]
- FRBP
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.
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Court
:
- FRBP
In re Griffin
May
17
2007
Ruling
Failure to provide copy of assignment or transfer of credit card debt was not grounds for disallowance as transfer preceeded filing of proof of claim.
Procedural posture
A creditor filed a proof of claim for an unsecured credit card indebtedness that it had purchased from a bank. The chapter 13 debtors objected to the proof of claim, alleging a lack of documentation and no evidence of the transfer between the bank and the creditor.
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Court
:
- FRBP
In re W.R. Grace & Co.
Apr
17
2007
Ruling
71 asbestos-related claims filed by single law firm denied as based on client authorizations that were either undated or dated after bar date.
Procedural posture
Debtors moved for an order disallowing and expunging 71 property damage claims signed by a named law firm on purported behalf of various clients and filed thereafter on the ground that the firm had failed to establish that it had authority, prior to the bar date, to file such claims. At issue was whether the claims were executed by each client's "authorized agent" within the meaning of Fed. R. Bankr. P. 3001(b).
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Court
:
- FRBP
Garza v. J.D. Foods Inc. (In re Garza)
May
15
2006
Ruling
Court upheld order finding that creditor's pre-bar date motion for relief from bankruptcy stay constituted an informal proof of claim that was timely filed.
Procedural posture
Appellant debtor sought review of an order of the bankruptcy court, which found that appellee creditor's motion for relief from the bankruptcy stay constituted an informal proof of claim that was timely filed.
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Court
:
- FRBP
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.
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Court
:
- FRBP
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.
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Court
: