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February 20, 2010

Claims

Filed under: Uncategorized — admin @ 8:26 am

In re Chalakee, 385 B.R. 771,777-81 (Bankr. N.D. Okla. 2008) (Michael) (Objection to eCast proof of claim fails to state ground under § 502(b), citing B-Line, LLC v. Kirkland (In re Kirkland), 379 B.R. 341 (B.A.P. 10th Cir. 2007); objection based solely on lack of documentation under Bankruptcy Rule 300 l(c) and scheduling claims as disputed stated no basis for disputing amount or validity. “While this Court is reluctant to pre-judge what quantum or quality of legal or factual allegations would be required to shift the burden to a claimant to respond, it concludes that Debtors’ Objections in this case—simply stating that they dispute the amounts owed—are inadequate for either the Court or the claimants to assess the basis of the objections. A terse statement that Debtors dispute a claim, without more, does not provide sufficient grounds to disallow a claim. . . . When asked to elaborate, given the holding in Kirkland that an objection by a party in interest seeking disallowance of a claim must be raised under § 502(b), they simply responded that the claims should be stricken under § 502(b) as unenforceable under Oklahoma law—for failure to provide supporting documentation. Debtors may not raise the specter of § 502(b)(l) to avoid paying debts that they cannot in good faith disavow.”).

See Also: Chapter 7 Bankruptcy

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