· 12/14/2005
Campbell v. Verizon Wireless S-CA (In Re Campbell)
Citations
- 336 B.R. 430
- 6 Cal. Daily Op. Serv. 144
- 2005 Bankr. LEXIS 2601
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- acknowledging that § 502(b)(1) requires disallowance of claims that are unenforceable under applicable law but rejecting contention that “applicable law” includes Rule 3001
- noting it was not clear whether creditor was proper party to appeal where it did not participate in bankruptcy court proceedings on debtors’ objections to claims
- “a creditor that files a proof of claim that lacks sufficient support under Rule 3001(c) and (f
- “[T]he bankruptcy court may properly consider as admissions or evidence any information contained in debtor’s bankruptcy schedules.... ”
- on facts indistinguishable from Heath, the court reiterated that the Bankruptcy Rules cannot expand 11 U.S.C. § 502
- “We also emphasize, as we did in Heath, that although Debtors’ admissions in their bankruptcy schedules can be binding that is not the basis of our decision.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Montali, Pappas, Nielsen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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