Creditors’ Failure to Attach Sufficient Documentation in Support of Proof of Claim Is Not a Basis for Disallowing the Claim
by Chief Judge Barry Russell
U.S. Bankruptcy Court; (C.D. Calif.)
Trustees and debtors frequently object to creditors’ claims based on the creditors’ alleged failure to attach sufficient documentation in support of the proofs of claim pursuant to Federal Rules of Bankruptcy Procedure 3001(c) and 3001(f).
Rules 3001(c) and (f) provide:
(c) Claim based on a writing
When a claim, or an interest in property of the debtor securing the claim, is based on a writing, the original or a duplicate shall be filed with the proof of claim. If the writing has been lost or destroyed, a statement of the circumstances of the loss or destruction shall be filed with the claim.
* * * * * *
(f) Evidentiary effect
A proof of claim executed and filed in accordance with these rules shall constitute prima facie evidence of the validity and amount of the claim.
Agenda for the 2006 Annual Spring Meeting
The Bankruptcy Litigation, International and the Young and New Members Committees will join forces on Friday, April 21, from 2:15-3:45 p.m. to present a fun, cutting-edge program entitled "Dueling International Courtrooms." The CLE program will showcase Hon. Barry Russell and Justice J.M. Farley of Canada battling over recognition of a foreign proceeding and determination of a debtor's center of main interest under chapter 15 and Canada's BIA.