§ 130.7     Bankruptcy Rule 3001: Proofs of Claim
Cite as:    Keith M. Lundin, Lundin On Chapter 13, § 130.7, at ¶ ____, LundinOnChapter13.com (last visited __________).
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The form and content of a proof of claim must conform substantially to Official Bankruptcy Form 10.1 If based on a writing, the proof of claim must be accompanied by evidence of the contract or security interest and its perfection. A proof of claim executed and filed in accordance with Bankruptcy Rule 3001 constitutes prima facie evidence of the validity and amount of the claim, thus shifting the burden of proof to an objecting party to come forward with evidence that the claim is not allowable.2


 

1  See §§ 272.1 [ Official Bankruptcy Form 10 and Variations ] § 131.1  Official Bankruptcy Form 410 and Variations and 507.1 [ New Official Form 10 ] § 131.2  Official Form 410 after BAPCPA.

 

2  See §§ 272.1 [ Official Bankruptcy Form 10 and Variations ] § 131.1  Official Bankruptcy Form 410 and Variations290.1 [ Untimely Filed Claims in Cases Filed after October 22, 1994 ] § 135.7  Untimely Filed Claims in Cases Filed after October 22, 1994.