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6500 Cherrywood Ln - Greenbelt, MD 20770 - Main Tel: 301-344-8018 map
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101 W Lombard St Room 8530 - Baltimore, MD 21201 - Main Tel: 410-962-2688
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Chapter 13 debtor objected to a general unsecured claim for a credit card debt filed by Jefferson Capital Systems, LLC, assignee of the originating creditor, asserting that the collection of such debt was barred by the statute of limitations. The creditor did not file a response. The Court held a hearing and overruled the objection since Debtor did not present evidence in support of the objection, instead relying solely upon the inconclusive information included in the claim and attached account
summary. Thereafter, the Debtor filed a motion to reconsider the order overruling the objection to claim. The Court denied that motion to reconsider, holding that: 1) Section 502(b) provides the exclusive bases for objecting to claims and noncompliance with the Bankruptcy Rules is not one of the enumerated grounds, 2) creditor's claim, which included a comprehensive account summary, was executed in accordance with Federal Bankruptcy Rule 3001 and therefore was entitled to prima facie validity,
and 3) although the creditor retained the ultimate burden of proof on the claim under state law, Debtor failed to rebut the claim's prima facie validity by presenting countervailing evidence that showed that the creditor had forfeited its right to collect on the debt.

Entered: 
2008-01-23
Case: 
06-15285
Judge: 
Robert A. Gordon