Legal Opinion

In re Gorman

United States Bankruptcy Court, E.D. Tennessee

Decided May 23, 2013No. 10-16622PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM

SHELLEY D. RUCKER, Bankruptcy Judge.

The Debtors objected to the claim filed by Resurgent Capital Services as servicing agent for LVNV Funding, LLC (“Claimant”), its successors and assigns, as assign-ee of Capital One. Their objection requires this court to determine whether a claim for recovery of a consumer credit card debt *825should be disallowed under 11 U.S.C. § 502(b)(1) because the proof of claim, as filed, fails to prove how the Claimant came to be the holder of the debt. As part of that determination, the court must consider whether the Debtors have raised a valid objection or…

2Cases cited23 opinions

  1. In Re Dsc, Ltd., a Michigan Corporation, Debtor. Riverview Trenton Railroad Company Crown Enterprises, Inc. v. Dsc, Ltd., a Michigan CorporationCourt of Appeals for the Sixth Circuit · 2007
  2. Heath v. American Express Travel Related Services Co. (In Re Heath)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  3. B-Line, LLC v. Wingerter (In Re Wingerter)Court of Appeals for the Sixth Circuit · 2010
  4. In Re ShankUnited States Bankruptcy Court, N.D. Georgia · 2004
  5. In Re BurkettUnited States Bankruptcy Court, S.D. Ohio · 2005

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

3Cited by9 opinions

  1. In re BenyaminUnited States Bankruptcy Court, S.D. New York · 2018
  2. Critten v. Quantum3 Group, LLC (In re Critten)United States Bankruptcy Court, M.D. Alabama · 2015
  3. Nicholson v. Ecast Settlement Corp.United States Bankruptcy Court, M.D. Pennsylvania · 2019
  4. In re: Hopkins Fabrication, LLCDistrict Court, D. Connecticut · 2022
  5. Jean Michel LeTennier, Sr.United States Bankruptcy Court, N.D. New York · 2024

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API