From the Editor – Proofs of Claim

By The Honorable William Houston Brown (Retired)

Prima facie validity of claim. The debtor objected to two proofs of claim filed by assignee of credit card accounts, contending that the evidence supporting the claims was inadmissible hearsay under Georgia law and that the claimant failed to show that it was the owner of the debts. The Eleventh Circuit reviewed the requirements for a proof of claim, holding that when it contains all information required by Rule 3001, it constitutes prima facie evidence of validity and amount and the burden shifts to the objector to overcome that . . .

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From the Editor – Proofs of Claim

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Related Articles

Why Your Bankruptcy Client Doesn’t Understand You (And How to Fix the Problem)

Ask Ms. Ps & Qs

The “Snapshot” Rule – Part 2: When is the Rule Not Determinative?

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