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.
Friday, January 23, 2009
In re Hill, (Bkrtcy.W.D.Ky.)
Posted by Rachel Lynn Foley at 3:21 PM
Labels: proof of claim. assignee
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