Prior to his appointment as a bankruptcy judge for the District of Utah in September of 2015, Judge Anderson served for seventeen years as the Standing Chapter 13 Trustee for the District of Utah. During this time, he administered over 70,000 Chapter 13 cases. Judge Anderson was elected president of the National Association of Chapter 13 Trustees (NACTT), and he...
From the Editor – Proofs of Claim
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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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