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In re Hilton (Case No. 12-61102) 12/02/2013

Both the debtors and the trustee filed an objection to proof of claim.  The court overruled the trustee’s objection but sustained the debtors’ objection, because the debtors’ objection was sufficient to carry their burden of calling into question the validity of the proof of claim other than lack of documentation and the claimant did not prove the validity and amount of the claim by a preponderance of the evidence.

Date: 
Monday, December 2, 2013
Category: 
Burden of Proof
Chapter 13 Issues
Claim Objections
Proofs of Claim
Chapter: 
13