Legal Opinion

Heath v. American Express Travel Related Services Co. (In Re Heath)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided September 29, 2005No. BAP No. CC-04-1324-MoBMa, Bankruptcy No. ND 03-10028-RRPublishedCited by 100 opinions

1Opinion of the Court

OPINION

MONTALI, Bankruptcy Judge.

Debtors Philip and Marlene Heath (“Debtors”) object that several holders of their credit card debt (“Creditors”) did not attach sufficient documentation to their proofs of claim to comply with Rule 3001(c). 1 Debtors argue that the claims must be disallowed as a matter of law. We join numerous other courts which have discouraged this form of objection and disagree.

When a creditor files a proof of claim, that claim is deemed allowed under Sections 501 and 502(a). A proof of claim that lacks the documentation required by Rule 3001(c) does not qualify for the…

2Cases cited36 opinions

  1. Memphis Light, Gas & Water Division v. CraftSupreme Court of the United States · 1978
  2. Lawrence Hamilton v. State Farm Fire & Casualty Company, an Illinois Corporation David's Restaurant SupplyCourt of Appeals for the Ninth Circuit · 2001
  3. In Re Herbert L. HOLM, Debtor. Alan WRIGHT, Creditor-Appellee, v. Herbert L. HOLM, Debtor-AppellantCourt of Appeals for the Ninth Circuit · 1991
  4. In Re Commercial Western Finance Corporation, a California Corporation, Debtor. Bernard J. Brady and Paul L. Disderdick v. Paul B. Andrew, Trustee, Frank B. Amsbaugh v. Paul B. Andrew, Bailey Toplin, Parties-In-Interest v. Commercial Western Finance Corp., Debtor-Appellant. Raymond E. Brooks, Claimants-Appellants v. Paul B. Andrew, Trustee-AppelleeCourt of Appeals for the Ninth Circuit · 1985
  5. Latman v. BurdetteCourt of Appeals for the Ninth Circuit · 2004

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3Cited by100 opinions

  1. Veal v. American Home Mortgage Servicing, Inc. (In Re Veal)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  2. B-Line, LLC v. Wingerter (In Re Wingerter)Court of Appeals for the Sixth Circuit · 2010
  3. In Re MinbatiwallaUnited States Bankruptcy Court, S.D. New York · 2010
  4. Campbell v. Verizon Wireless S-CA (In Re Campbell)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  5. In Re PlourdeBankruptcy Appellate Panel of the First Circuit · 2009

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