Garner v. Shier (In Re Garner)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that BAP has “appellate jurisdiction over the final order determining an objection to [a] claim”
• stating that “mere formal objection” narrows the issue to whether the proof of claim is executed and filed in accordance with the rules, but not addressing consequence if proof of claim does not meet that standard
• holding that a proof of claim with supporting documents 11 attached enjoys prima facie validity – even if it is signed by an attorney – and overruling an 12 objection to the claim because the objecting party failed to attach evidence in support of the 13 objection
• under Bankr.R. 9014, objections are classified as motions, and “[ejvidenee on motions may be taken by way of affidavit pursuant to Civil Rule 43(e).”
• “There is an evidentiary presumption that a correctly prepared proof of claim is valid as to liability and amount.”
• evidentiary effect of proof of claim is “similar to that of a verified complaint”

Source: CourtListener parenthetical corpus (CC0).