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· 9/29/2005

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

Citations

  • 331 B.R. 424
  • 2005 Bankr. LEXIS 1943
  • 2005 WL 2508142

How courts have described this case

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

  • holding that Section 502(b) establishes the grounds for disallowance of a claim and non-compliance with Bankruptcy Rules, including Rule 3001(c), is not one of the statutory grounds
  • recognizing that “bankruptcy schedules can constitute admissions under Fed. R. 24 Evid. 801(d)(2)”
  • explaining that a failure to comply with Rule 3001 results in the creditor's proof of claim not being prima facie evidence of the claim's validity and amount
  • explaining that a failure to comply with Rule 3001 results in the creditor’s proof of claim not being prima facie evidence of the claim’s validity and amount
  • Observing that the substantive basis for the objection to proof of claim must be described clearly in the trustee’s objection.
  • noting that even if a substantive factual dispute is brought by objector, proof of claim not entitled to prima facie validity may have some evidentiary weight

Source: CourtListener parenthetical corpus (CC0).

Judges: Montali, Brandt, Marlar

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.