Legal Opinion
In Re Spraggins
United States Bankruptcy Court, E.D. Wisconsin
Decided October 8, 2004No. 19-20127PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM DECISION ON DEBTORS’ OBJECTION TO CLAIM
SUSAN V. KELLEY, Bankruptcy Judge.
The Chapter 13 Debtors objected to the claim of Get It Now LLC secured by a computer, television and VCR purchased by the Debtors from their local Get It Now store. The creditor filed its claim as fully secured in the amount of $4,205.86, but the Debtors believe that the value of the collateral securing the claim is only $1,700.00.
Under Bankruptcy Rule 3001(f), a creditor’s proof of claim constitutes prima facie evidence of the validity and amount of the claim. This presumption places the burden of producing…
2Cases cited9 opinions
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
- In Re RobertsUnited States Bankruptcy Court, N.D. Iowa · 1997
- In Re GonzalezUnited States Bankruptcy Court, N.D. Illinois · 2003
- First Merit N.A. v. Getz (In Re Getz)Bankruptcy Appellate Panel of the Sixth Circuit · 2000
- In Re JonesUnited States Bankruptcy Court, N.D. Illinois · 1998
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3Cited by2 opinions
- In Re WhippleUnited States Bankruptcy Court, C.D. Illinois · 2009
- In re YoungUnited States Bankruptcy Court, N.D. California · 2007