In re Burkett

Code Section: 
502
Date of Decision: 
Thu, 12/01/2005

329 B.R. 820 (Bankr. S.D. Ohio 2005)   

An objection based solely on lack of documentation or deviation from Official Bankr. Form 10 and Bankruptcy Rule 3001 did not provide a substantive basis for disallowing the claims where the debtor acknowledged the claims as legitimate debts in his schedules.

The court found that §502 did not authorize the court to disallow a claim based on lack of supporting documentation. Full conformance with Official Bankr. Form 10 had never been required for allowance of a claim, and the court concluded that for allowance purposes, the proof of claim needed only to be sufficient to establish the validity, ownership, and amount of the claim.