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In re Napier, No. 17-71557, 5/23/2018

The Debtors filed objections to four proofs of claim asserting that no exhibit or other documentation was attached which showed that the claim was purchased by the claimant that filed the proofs of claim.  The Debtors’ schedules, however, matched up almost identically with the proofs of claim in terms of amounts, original creditors, and dollar amounts owed.  The Court held that the account summaries that the claimant attached to the original claim contained all of the information required by Rule 3001(c)(3) rendering the claims presumptively valid and shifting the burden to the Debtors to object.  The Court held that the Debtors did not meet that burden.  The claimant filed a power of attorney and short form bill of sale and also fully complied with Rule 3001(c)(3). To require the claimant to produce a master bill of sale, schedules or a full electronic file agreement with its proofs of claim was an unreasonable and unnecessary burden on the creditor, especially when all of the information the Debtors included in their schedules matched up readily with the proofs of claim actually filed. The Court denied the claim objections and allowed the proofs of claim as filed.

Wednesday, May 23, 2018
Proofs of Claim