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Looking for case citations or sample objections to weak/frivolous Claims
Ch 13 debtor (filed but preconfirmation) is an investment broker. He has a claim of 1/2 million against him by a former client of his who lost money. They sued him in Civil Court but the case was stayed due to the BK. The claim is supported only by a copy of their civil complaint.
Now several other clients of debtor smelled blood in the water and started filing their own Proof of Claims asking for 400,00 - 700,000 with nothing more than a typed description of why the should get the money. Their typed descriptions (by coincidence I'm sure) are almost word for word copies of the civil complaint attached to the first Proof of Claim with just the names changed.
I find the Claim system to be quite flawed in that it takes virtually no evidence to assert a claim but the Debtor has the burden of objecting and proving he doesn't owe the money. Proving a negative is difficult.
Obviously I am objecting to all of these claims but I would love to find some case law, if it exists, where this type of evidence has been ruled insufficient.
Thank you, Shawn
The post was migrated from Yahoo.