b ‘

United States District Court, Northern District of Illinois

—

or Magistrate Judge

James B. Zagel

Sitting Judge if Other
than Assigned Judge

CASE NUMBER 03 C 7052 DATE 10/21/2004
CASE HENDERSON vs. DISCOVER
TITLE

[In the following box (a) indicate the party filing the motion, ¢.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature

of (he motion being presented.]

ay

consistent with this opinion. Enter memorandum opinion and order.

| [For further detail see order attached to the origina! minute order.]

MOTION:

DOCKET ENTRY:

(1) QO Filed motion of { use listing in “Motion” box above.]

(2) Q Brief in support of motion due

(GB) im) Answer brief to motion due___. Reply to answer brief due

(4) a Ruling/Hearing on setfor___at

(5) a Status hearing[held/continued to) [set for/re-set for} on setfor at

(6) Q Pretrial conference[held/continued to} [set for/re-set for] on setfor_at_

(7) a Trial[set for/re-set for]on___at

(8) Qo [BenclvJury trial] [Hearing] held/continued to___—_ at

(9) oO This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]
COFRCP4(m) ClLocal Rule 41.1 CFRCP41(a)(1) CO FRCP41(a)(2).

qo) ff [Other docket entry] Enter order remanding this bankruptcy appeal for further proceedings

No notices required, advised in open court.

No notices required,
number at notices

Document
Number

Notices mailed by judge’s staff.
OCT 28 2004

Notified counset by telephone. date docksted

Docketing to mail notices.

Mail AO 450 form docketing deyly thicals

Copy to judge/magistrate judge

date mated pice
courtroom Suet 7

bw doputy's
initials

Date/lime received in
central Clerk's Office,

railing deputy intiats



UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

YOLANDA HENDERSON,
Appellant-Debtor,

v. No, 03 C 7052
Judge James B. Zagel
DISCOVER FINANCIAL SERVICES,
ECAST SETTLEMENT CORP., APOLLO
CASUALTY CO.,

Appellee-Claimants.

MEMORANDUM OPINION AND ORDER

This matter is before me on Appellant’s appeal from Bankruptcy Judge Jack B.
Schmetterer’s order of October 20, 2003 denying Appellant’s motion to disallow Appellees’
proof of claims. A federal district court has jurisdiction, pursuant to 28 U.S.C. § 158, to hear
appeals from the bankruptcy court. On the appeal, the district court reviews the bankruptcy
court's factual findings under the clearly erroneous standard and reviews the bankruptcy court’s
legal findings under the de novo standard, In re A-I Paving and Contracting, Inc., 116 F.3d 242,
243 (7 Cir. 1997).

Appellant appeared before Judge Schmetterer, on October 20, 2003, to argue that
Appellees’ claims should be disallowed for failure to comply with Fed. R. Bank. P. 3001(c).
Rule 3001(c) states that “when a claim...is based on a writing, the original or a duplicate shall be
filed with the proof of claim.” Fed. R. Bank, P. 3001(c). Judge Schmetterer found that Rule
3001(c) did not require evidence of the underlying agreements between the debtor and her
creditors be attached to the claim but, instead, need only be produced during discovery. Judge

Schmetterer based his ruling, at least in part, on the Seventh Circuit's decision in In re Stoecker,

ia


5 F.3d 1022 (7" Cir. 1993). In Stoecker, the Court found that meritorious claims should not be
disallowed for failure to strictly comply with Rule 3001(c), which, in the Court’s opinion,
amounted to an easily curable and harmless error. /d. at 1028. The Court also noted that
amendment could be made at any time so long as the other creditors were not prejudiced. Jd.

In light of Stoecker, I must agree with Judge Schmetterer that disallowing the Appellees’
meritorious claims is inappropriate. However, it is still unclear to me whether production of the
underlying evidence during discovery is sufficient to satisfy the requirement of Rule 3001(c) or
whether an amendment is required. Thus, I am remanding the case for resolution on the issue of

amendment.

This case is REMANDED for further proceedings consistent with this opinion.

ENTER:

Neal Se

Jamgs B. Zagel CY Gg
ited States DistrictJudge

DATE: Zl Ock 2004