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Kelley v. GE Capital Retail Bank (In re Adams)

UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF GEORGIA
Jun 15, 2012

James P. Smith

SO ORDERED.

___________


United States Bankruptcy Judge


CHAPTER 07

CONTESTED MATTER

ORDER GRANTING TRUSTEE'S OBJECTION TO
PROOF OF CLAIM 4 FILED BY GE CAPITAL RETAIL BANK

The Trustee filed an Objection to Proof of Claim #4 filed by GE CAPITAL RETAIL BANK in the amount of $2,727.26 on the grounds that said claimant failed to attach a copy of the assignment by the prior owner of the claim and failed to establish any allowed unsecured claim. Further, the Trustee filed a Notice of Time Within Which to Respond to the Objection to the Claim pursuant to Bankruptcy Rule 3007. To date, the Trustee has received no response.

The Court having determined that said claimant has not established any unsecured claim against the estate pursuant to 11 U.S.C. ยง506(a) and, thus, is not entitled to participate in any distribution of funds to unsecured creditors, it is

ORDERED, ADJUDGED AND DECREED that said proof of claim #4 is hereby disallowed and the Trustee's objection to the proof of claim of GE CAPITAL RETAIL BANK is hereby sustained in its entirety.