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February 20, 2010

Claims

Filed under: Uncategorized — admin @ 8:23 am

In re Povey, No. 07-80076, 2008 WL 1376271, at *5, *6 (Bankr. E.D. Okla. Apr. 9, 2008) (Cornish) (Failure to attach documents proving assignment of claim is fatal to allowance. Creditor “failed to comply with Bankruptcy Rule 3001 (e) [by] not attach[ing] the writings that the claims were based on.” Trustee asserted valid substantive objection since “[t]he assignment documents fail to establish that the original debts were transferred to Roundup. The appendices and schedules referenced in the documents were not provided, and therefore there is no way to determine that the original debts were part of the assignment documents.” Section 3001(e)(l) “provides for who may file a claim under… circumstances [involving claims transferred before proof of claim is filed], not what evidence or documentary support is required to prove its ownership of the claim.”).

See Also: Bankruptcy Lawyers New York

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