Friday, January 23, 2009

In re Hill, (Bkrtcy.W.D.Ky.)

January 22, 2009: Claims - Proof of claim by assignee cannot be disallowed based on amount paid vis-a-vis proposed distribution.

The mere fact that an alleged assignee of a credit card debt may have paid significantly less than the face amount of the credit card debt, and would allegedly receive a "windfall" as a result of the fact that the debtor's Chapter 13 plan provided for a 100% distribution on claims, did not provide a basis for disallowing a proof of claim filed by the assignee or not allowing it in the amount filed. What the assignee paid for the assignment of the credit card debt was irrelevant.

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