Campbell v. Verizon Wireless S-CA (In Re Campbell)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MONTALI, Bankruptcy Judge.
As we held in In re Heath, 381 B.R. 424 (9th Cir. BAP 2005), a claim objection that does not actually contest the debtor’s liability or the amount of the debt is insufficient to disallow a proof of claim, even if the proof of claim lacks the documentation required by Rule 3001(c). 2 The bankruptcy court overruled several claims objections on this basis. We AFFIRM.
We publish to clarify that Heath is narrower than both the creditor-advocates and the debtor-advocates in these appeals appear to believe. On the one hand, a proof of claim filed without sufficient…
2Cases cited9 opinions
- In Re E.R. Fegert, Inc., Debtor. Dan O'rourke, Trustee v. Seaboard Surety Company Coral Construction Company, Inc. Shotwell Paving CompanyCourt of Appeals for the Ninth Circuit · 1989
- Heath v. American Express Travel Related Services Co. (In Re Heath)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
- Ashford v. Consolidated Pioneer Mortgage (In Re Consolidated Pioneer Mortgage)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- Dove-Nation v. eCast Settlement Corp. (In Re Dove-Nation)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2004
- Ball v. Payco-General American Credits, Inc. (In Re Ball)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
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3Cited by49 opinions
- Veal v. American Home Mortgage Servicing, Inc. (In Re Veal)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
- In Re PorterUnited States Bankruptcy Court, D. Connecticut · 2007
- In Re SackoUnited States Bankruptcy Court, E.D. Pennsylvania · 2008
- In Re O'BrienUnited States Bankruptcy Court, E.D. Pennsylvania · 2010
- Collect Access LLC v. Hernandez (In Re Hernandez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
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