Rule 3007

Nicolaus, In re--Nicolaus v. United States

Ruling: 
Court reversed the order that debtor had to object to a proof of claim by serving it on the Attorney General as Rule 3007 states that objection only had to be mailed to the claimant. (8th Cir.)
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Consumer case opionion summary, case decided on July 06,2020, LexisNexis #0820-049

Rutledge v. Wells Fargo Bank (In re Rutledge)

Ruling: 
Debtor could raise objection to proof of claim in an adversary proceeding against creditor.
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Consumer case opionion summary, case decided on May 16,2014, LexisNexis #0614-103

Arnott v. IRS (In re Arnott)

Movant debtors filed an objection to a proof of claim filed by respondent IRS, and the IRS argued that the objection should be dismissed. The IRS asserted that the debtors did not name the property party respondent, that the United States was not properly served, and that the court lacked jurisdiction to hear the objection.
Ruling: 
Objection to proof of claim properly named and was served upon IRS.
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Consumer case opionion summary, case decided on June 18,2008, LexisNexis #0708-096

In re Driscoll

The chapter 13 debtors objected to a claim filed by the IRS on the ground that a portion of the claim was discharged.
Ruling: 
Objection to IRS proof of claim was a contested matter which debtor did not need to bring as adversary proceeding.
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In re Hensley

Putative creditor, the U.S. Department of Education, sought to collect an alleged student loan balance from debtor, who had received a discharge following completion of her chapter 13 plan. The government argued that the discharge judgment was void and it was entitled to relief under Fed. R. Civ. P. 60(b)(4), because it was given insufficient notice of the objection to its claim.
Ruling: 
Court deemed that notice of claim objection was sufficient since the notice was mailed to the government creditor's notice address state in its proof of claim.
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