Under 11 U.S.C. § 502(a), "a proof of claim is deemed allowed until an interested party objects." In re Davis, No. 6:20-BK-06209-LVV, 2021 WL 4237546, at *3 (Bankr. M.D. Fla. Sept. 15, 2021). "A proof of claim executed and filed in accordance with [the Federal Rules of Bankruptcy Procedure] shall constitute prima facie evidence of the validity and amount of the claim."
On Debtor's last point, the Court noted at the hearing that the state foreclosure court entered a Short Form Order dated August 5, 2022 which found that Debtor failed to rescind the loan. Debtor cited to In re Davis, 6:20-bk-06209-LVV (Bankr. M.D. Fla. Sept. 15, 2021) for the proposition that the Bankruptcy Court can void an underlying mortgage lien and disallow a secured creditor's claim under the Truth in Lending Act.
While Debtor again cites In re Davis, 6:20-bk-06209-LVV (Bankr. M.D. Fla. Sept. 15, 2021), for the proposition that the Bankruptcy Court can void an underlying mortgage lien and disallow a secured creditor's claim under the Truth in Lending Act, the Court previously determined in its Dismissal Order in the second bankruptcy case that the underlying facts in Davis are distinguishable from Debtor's situation and no final judgment was entered in the underlying Davis foreclosure action. C. Co-Debtor Stay Relief Pursuant to 11 U.S.C. § 1301(c)