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In re Todays Destiny Inc.

Lenders of a chapter 7 debtor objected to all of the proofs of claim filed by customers of the debtor, in part on the grounds that they did not contain the documentation and factual basis required by Fed. R. Bankr. P. 3001.
Ruling: 
Objection to proofs of claim sustained with respect to claims that lacked documentation or signed explanatory statements.
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Commercial case opionion summary, case decided on November 26,2008, LexisNexis #0209-133

Stauder v. eCast Settlement Corp. (In re Stauder)

The debtors objected to three proofs of claim filed by the same creditor. The substance of each objection was that the creditor failed to attach sufficient documentation to the claim form to allow that claim to be accorded "prima facie"validity.
Ruling: 
Credit card proofs of claim supported only by "account summaries" disallowed.
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Consumer case opionion summary, case decided on October 16,2008, LexisNexis #0109-028

In re Hight

A mortgagee secured by a bankruptcy debtor's real property submitted a proof of claim in the debtor's bankruptcy for the principal of the mortgage loan, arrearages, late charges, property preservation/inspection fees, pre-petition attorney fees and costs, escrow shortage, and post- pertition attorney fees. The debtor objected to the mortgagee's proof of claim.
Ruling: 
Objection to mortgagee's proof of claim sustained with regard to alleged escrow shortage and a portion of pre- and postpetition fees.
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Consumer case opionion summary, case decided on August 13,2008, LexisNexis #1008-018

In re Reyna

In the debtors' chapter 13 bankruptcy case, a creditor filed a proof of claim for a credit card debt. The debtors objected to the proof of claim. The bankruptcy court held a hearing on the objection.
Ruling: 
Objection to credit card debt proof of claim sustained due to lack of supporting evidence.
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Consumer case opionion summary, case decided on July 28,2008, LexisNexis #1008-019

In re Final Analysis Inc.

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.
Ruling: 
Assignment of claim in involuntary case allowed over creditors' objections.
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Commercial case opionion summary, case decided on May 16,2008, LexisNexis #0708-035

In re Fendall

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.
Ruling: 
Lis pendens was not evidence of secured claim.
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Consumer case opionion summary, case decided on May 08,2008, LexisNexis #0808-054

In re Stewart

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."
Ruling: 
Mortgagee's claims for improper fees disallowed and damages assessed for duplicitous and misleading conduct.
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Consumer case opionion summary, case decided on April 10,2008, LexisNexis #0808-128

In re White

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.
Ruling: 
Proofs of claim disallowed due to assignee creditors' inability to establish validity upon debtors'objection.
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Consumer case opionion summary, case decided on January 29,2008, LexisNexis #0208-089