In Re Herbert L. HOLM, Debtor. Alan WRIGHT, Creditor-Appellee, v. Herbert L. HOLM, Debtor-Appellant

How courts have described this case

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

• concluding that a plan proponent files an “informal proof of claim” and a “demand against the estate” by seeking bankruptcy court’s approval of its disclosure statement
• holding claimant bears ultimate burden of persuasion as to validity and amount of the claim by a preponderance of the evidence
• stating that, if the allegations in a proof of claim “set forth all the necessary facts to establish a claim and are not self- contradictory, they prima facie establish the claim”
• debtor’s objection to proof of claim as containing unmatured interest was overruled for failure to meet burden of proof
• “The document that purports to be an informal 16 proof of claim need not be filed in the court.”
• “[T]he ultimate burden of persuasion is always on the claimant. Thus, it may be said that the proof of claim is some evidence as to its validity and amount. It is strong enough to carry over a mere formal objection without more.”

Source: CourtListener parenthetical corpus (CC0).