Bankr. M.D.N.C.: In re NC & VA Warranty-Informal Proof of Claims

Summary: This is the latest of a line of decisions resulting from a complicated set of commercial transactions (which this consumer bankruptcy blog will leave for others to explicate). It does, nonetheless, have few nuggett of use in consumer cases, specifically in Footnote 1 which recognizes that “it is possible that the Counterclaim constitutes a claim filed against the estate.” Cf. Carroll v. Farooqi, 486 B.R. 718, 722-23 (Bankr. N.D. Tex. 2013). As such an objection/answer to the counterclaim may, pursuant to Rule 3006, preclude such claim being withdrawn “except on order of the court after hearing and notice....” For a copy of the opinion, please see: NC & VA Warranty-Informal Proof of Claims