§ 135.3     Documentation and Assigned Claims
Cite as:    Keith M. Lundin, Lundin On Chapter 13, § 135.3, at ¶ ____, LundinOnChapter13.com (last visited __________).
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This section will be available soon, discussing the documentation and assignment of claims in Chapter 13 cases. There has been an explosion of recent decisions addressing the sufficiency of documentation filed with proofs of claims and whether insufficient documentation is a basis for objection to allowance of the claim. Section 502(b) provides the statutory grounds for claims objections.1 Reported cases disagree whether lack of documentation falls within a § 502(b) ground for disallowance.2 Bankruptcy Rule 3001 describes the procedural requirements for a proof of claim, and reported cases differ whether the Rule provides a basis for disallowance when the claim lacks sufficient documentation. These issues often arise when claims have been transferred or assigned from one creditor to another. Bankruptcy Rule 3001(e) sets out the procedures for transfer of claims. This section will analyze the transfer and assignment of claims and the problems that arise when claims are transferred without proper accompanying documentation.


 

1  See Fed. R. Bankr. P. 3007, discussed in § 287.1 [ Timing, Procedure and Evidence Presumption ] § 135.1  Timing, Procedure and Evidence Presumption, for claims objection procedure.

 

2  See cases summarized under § 135.1  Timing, Procedure and Evidence Presumption and § 135.3  Documentation and Assigned Claims.