Legal Opinion
In Re Cluff
United States Bankruptcy Court, D. Utah
Decided August 23, 2004No. 15-30577PublishedCited by 80 opinions
1Opinion of the Court
MEMORANDUM DECISION REGARDING OBJECTIONS TO CLAIMS
JUDITH A. BOULDEN, Bankruptcy Judge.
The Debtors in these claims objections proceedings (collectively the “Debtors”) ask the Court to establish a bright line test to disallow unsecured claims because of a creditor’s failure to attach to the claim the writing upon which the claim is based. The Debtors’ do not object to the claims because they assert the amounts are not owed; instead they argue that the documentation attached to the claims, if any, does not fulfill the requirements of Fed. R. Bankr.P. 3001(c) and therefore the claims should be…
2Cases cited31 opinions
- Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
- Schiavone v. FortuneSupreme Court of the United States · 1986
- Beech Aircraft Corp. v. RaineySupreme Court of the United States · 1988
- Anderson v. YungkauSupreme Court of the United States · 1947
- In Re Herbert L. HOLM, Debtor. Alan WRIGHT, Creditor-Appellee, v. Herbert L. HOLM, Debtor-AppellantCourt of Appeals for the Ninth Circuit · 1991
26 more not listed; retrieve them via the Exa API.
3Cited by80 opinions
- Heath v. American Express Travel Related Services Co. (In Re Heath)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
- Dove-Nation v. eCast Settlement Corp. (In Re Dove-Nation)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2004
- In Re MinbatiwallaUnited States Bankruptcy Court, S.D. New York · 2010
- In Re ArmstrongUnited States Bankruptcy Court, N.D. Texas · 2005
- In Re ParrishUnited States Bankruptcy Court, N.D. Ohio · 2005
75 more not listed; retrieve them via the Exa API.