The chapter 7 trustee, Robert E. Wick, filed objections to two proofs of claim, both on the basis that no supporting documentation was filed with the claim. Under 11 U.S.C. § 502(a) and Bankruptcy Rule 3001(f), a properly filed proof of claim is prima facie evidence of the validity and amount of the claim. However, the Court noted that the failure to file the documentation merely deprives the claimant of prima facie validity; the objection must still be based on some good faith ground. The debtor in this case listed the two claims in its schedules as undisputed and owing in the same amounts asserted in the proofs of claim. In short, simply the lack of documentation, standing alone, is no reason to conclude that a debt which is in no way disputed by the debtor is not valid. The Court overruled both objections.
Judge:
Date:
Wednesday, October 10, 2012
Category:
Claim Objections
Proofs of Claim
Unsecured Claim
Chapter:
7