· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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