Rule 3001(c)(2)

Moore v. Am. Express Bank FSB (In re Moore)

Ruling: 
Proofs of claim filed by credit card company were not entitled to prima facie validity except to the extent supported by original applications and agreements.
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Consumer case opionion summary, case decided on March 22,2016, LexisNexis #0416-103

In re Davenport

Ruling: 
Creditor not estopped from collecting prepetition arrears on promissory note not included in proof of claim or provided for in debtor's chapter 13 plan.
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Consumer case opionion summary, case decided on December 31,2015, LexisNexis #0116-136

In re Jimenez

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.
Ruling: 
Bank sanctioned for inclusion of unitemized appraisal costs and expenses in proof of claim.
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Consumer case opionion summary, case decided on February 01,2013, LexisNexis #0213-137

In re McCormack

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).
Ruling: 
Failure to provide itemized statement of interest, fees, expenses or charges incurred prepetition was not grounds for disallowance of proof of claim.
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Consumer case opionion summary, case decided on March 12,2012, LexisNexis #0412-035

In re Deli Den LLC

Creditor lessor filed an emergency motion for the debtor to surrender leased premises pursuant to 11 U.S.C.S. § 365(d)(4).
Ruling: 
Emergency motion for debtor to surrender premises granted as lease was deemed rejected when debtor failed to assume or reject.
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Commercial case opionion summary, case decided on March 12,2010, LexisNexis #0510-010
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