In re Pursley (10-40882); In re Crane (10-40958); In re Hamby (09-40967)
In a lengthy opinion, the Court examined law of propely filed proofs of claim after several debtors objected to the claims filed by eCAST Settlement Corporation in each case. The Court limited the reach of its prior opinion, In re Stephens, 443 B.R. 225 (Bankr. M.D. Ga. 2010). The Court discussed compliance with Bankrupty Rule 3001 and Official Form 10 (on how a creditor can achieve prima facie validity for its proof of claim), the effects of noncompliance with Bankruptcy Rule 3001, and the proper procedures and allocation of burdens in deciding objections to claim. The Court ultimately sustained all three objections to claim.
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Monday, June 20, 2011