Rule 3001(f)

Dorula v. Brooks (In re Starlight Group LLC)

Ruling: 
Prepetition settlement was void due to subsequent false representations.
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Commercial case opionion summary, case decided on October 21,2014, LexisNexis #1114-067

In re IDC Clambakes Inc.

Ruling: 
Implied contract claims of creditor condominium association disallowed.
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Commercial case opionion summary, case decided on May 16,2014, LexisNexis #0614-102

In re Tipton

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.
Ruling: 
Objection to proof of claim for alleged improper documentation overruled.
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Consumer case opionion summary, case decided on January 11,2013, LexisNexis #0213-033

In re QR Props. LLC

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.
Ruling: 
Claims arising from country club membership subscription agreement between creditors and debtor club owner's predecessor disallowed.
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Commercial case opionion summary, case decided on January 07,2013, LexisNexis #0113-133

In re DeBouver

Chapter 13 debtors objected to a proof of claim filed by a creditor.
Ruling: 
Debtor's objection to proof of claim based on contract sustained due to creditor's material breach.
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Consumer case opionion summary, case decided on December 31,2012, LexisNexis #0113-098

Randall v. United States Bank (In re Randall)

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.
Ruling: 
Bank's properly filed and documented proof of claim was prima facie evidence of the claim's validity.
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Consumer case opionion summary, case decided on December 21,2012, LexisNexis #0113-134

In re Evans

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.
Ruling: 
Claim by estate of debtor's fomer spouse based on domestic relations order that was never entered was unsecured.
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Consumer case opionion summary, case decided on July 10,2012, LexisNexis #0812-035

In re Borin

A chapter 13 debtor objected to the claim of a mortgagee creditor on the grounds that the creditor's proof of claim overstated the arrearage by failing to give him credit for prepetition payments.
Ruling: 
Creditor mortgagee's claim disallowed due to failure to give debtor credit for prepetition payments made based on servicer's statements.
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Consumer case opionion summary, case decided on November 02,2011, LexisNexis #1211-030

In re Arnold

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and the Texas Attorney General filed a claim in the amount of $ 6,793.57 against the debtor's bankruptcy estate. The debtor filed an objection to the Attorney General's claim.
Ruling: 
Attorney general's claim for child support arrears allowed only in part due to failure to rebut debtor's objection.
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Consumer case opionion summary, case decided on February 04,2009, LexisNexis #0309-057

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