Opinion
CASE NO. 03-04673-8-JRL.
April 30, 2008
ORDER
This case is before the court on the motion by Roundup Funding, LLC ("Roundup") seeking reconsideration of the court's March 18, 2008 order allowing the trustee's objection to Roundup's claims. On April 23, 2008, the court conducted a hearing on this matter in Wilmington, North Carolina.
The debtor filed chapter 7 on May 23, 2003. Roundup, as assignee of Chase Bank, USA, N.A., filed three proofs of claim for unsecured nonpriority claims. On February 22, 2008, the trustee objected based on a lack of assignment. Roundup alleges that on February 25, 2008, it provided the trustee with a copy of the assignments, and the trustee agreed to withdraw the objection to claims. Roundup filed amended proofs of claim with additional documentation prior to the deadline for responses to the trustee's objection to claims. Roundup argues that the filing of these amended claims should be treated as a response, and that the court's order allowing the trustee's objection should be set aside in order for the court to consider its amended claims. The trustee maintains that the documentation supplied by Roundup does not show that the claims against the debtor were, in fact, assigned to Roundup.
The documentation provided by Roundup shows a bulk assignment from Chase Bank USA, N.A. to B-Line, LLC, and a subsequent assignment from B-Line, LLC to Roundup. However, nothing in this documentation shows that the specific claims against the debtor are included in these assignments. Therefore, the court sets aside the order denying Roundup's claim and gives Roundup twenty (20) days in which to further supplement its filing to establish a connection between the claim against the debtor and the assignment documents supplied to the trustee.