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Home Part III. Claims And Distribution To Creditors And Equity Interest Holders; Plans 3001 3001

3001

District Court Overrides Arbitration on Disputes Regarding Defective Proofs of Claim

Someday, the Supreme Court will decide whether bankruptcy has an exemption from arbitration not available in ordinary commercial litigation.

Reconstructed Time Records Are Ok in a POC for Pre-Filing Attorneys’ Fees

Rule 3001 doesn’t require time records in a mortgage lender’s proof of claim, Judge Loyd says.
Court: 
10th Circuit›Oklahoma›Oklahoma Western District

The Rule 3001(f) Presumption of Claim Validity Doesn’t Include the Value of Collateral

California judge differs with the Third Circuit regarding the presumption of collateral value flowing from a lender’s proof of secured claim.
Court: 
9th Circuit›California›California Eastern District

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