In re Armistead, No. 11-36535, 2012 WL 3202964, at *1–*4 (Bankr. S.D. Tex. Aug. 3, 2012) (Isgur)

Failure to comply with local rule requirement that mortgage creditor’s proof of claim include a detailed loan history does not disallow claim or defeat prima facie validity if claim complies with Bankruptcy Rule 3001. “Bankruptcy Rule 3001 requires Flagstar to attach a ‘Mortgage Proof of Claim Attachment’ in the form published as ‘Attachment A’ to Official Form 10. . . . Flagstar’s failure to comply with Local Rule 3001-1 is not a basis for a valid objection to Flagstar’s claim. . . . A failure to comply with a local rule cannot result in a disallowance of the claim under § 502(b) and cannot upset the prima facie validity of the proof of claim. The proof of claim’s prima facie validity is established by Bankruptcy Rule 3001(f) . . . . [T]he local rule . . . is entirely consistent with the national rule . . . . [T]he local rule form requires substantial information not included on the national form. . . . [T]he use of the local form has dramatically reduced the number of home mortgage disputes in consumer cases. . . . [T]he local form provides supplemental information that complements the use of the national form.”

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