Sears, et al. v. Sears, et al., No. 11-6042 (8th Cir. 2012)
Annotate this CaseAppellants, Robert A. Sears and Korley B. Sears, appealed from the June 8th, 2011 order of the bankruptcy court overruling their objections to claims that were filed by the Sears Family Members in the bankruptcy case of the debtor and disallowing Claim No. 26 of Korley. The court held that the bankruptcy court correctly disallowed Claim No. 26 where Korley's proof of claim provided no legal basis for liability by the debtor. The court also agreed with the bankruptcy court's determination that Robert and Korely failed to overcome the presumptive validity of the proofs of claim filed by the Sears Family Members. The court finally held that there was no need for the bankruptcy court to allow Robert and Korley more time to develop the record or a hearing with testimony and cross-examination of witnesses, before it ruled on the claim objections.
Court Description: Bankruptcy Appellate Panel. No error in denying an interested party's claim or in allowing claims by Sears Family Members; bankruptcy court did not err in denying a request for additional time to develop the record or conduct a hearing before ruling on the claims objections. [ January 20, 2012
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