Legal Opinion

In Re Moreno

United States Bankruptcy Court, S.D. Florida.

Decided April 13, 2006No. 17-25316PublishedCited by 25 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER OVERRULING DEBTORS’ OBJECTIONS TO PROOFS OF CLAIM

ROBERT A. MARK, Chief Judge.

The issue presented in the contested claims objections pending in these Chapter 13 cases is whether unsecured claims should be disallowed where the sole basis of objection is the claimant’s alleged failure to attach to the claim documentation sufficient to comply with Rule 3001(c), Fed.R.Bankr.P. For the reasons that follow, the Court concludes that the answer is no. Insufficient documentation is not a basis to disallow a claim under § 502 of the Bankruptcy Code.

Factual and Procedural…

2Cases cited9 opinions

  1. In the Matter of William J. Stoecker, Debtor. Appeal of Thomas E. Raleigh, as Chapter 7 Trustee for the Estate of William J. StoeckerCourt of Appeals for the Seventh Circuit · 1993
  2. Dove-Nation v. eCast Settlement Corp. (In Re Dove-Nation)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2004
  3. In Re CluffUnited States Bankruptcy Court, D. Utah · 2004
  4. In Re ShankUnited States Bankruptcy Court, N.D. Georgia · 2004
  5. In Re BurkettUnited States Bankruptcy Court, S.D. Ohio · 2005

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3Cited by25 opinions

  1. In Re PlourdeBankruptcy Appellate Panel of the First Circuit · 2009
  2. In Re TaylorUnited States Bankruptcy Court, M.D. Florida · 2007
  3. In Re PorterUnited States Bankruptcy Court, D. Connecticut · 2007
  4. B-Line, LLC v. Kirkland (In Re Kirkland)Bankruptcy Appellate Panel of the Tenth Circuit · 2007
  5. In Re KincaidUnited States Bankruptcy Court, E.D. Pennsylvania · 2008

20 more not listed; retrieve them via the Exa API.

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