In re Hood, 449 F. App'x 507

Hood filed a Chapter 7 bankruptcy petition in June 2009, listing an unsecured nonpriority debt to American Express totaling $5,021.99 on Schedule P.
American Express Centurion Bank timely filed a proof of claim for the prepetition balance of $5,021.99.
Hood objected to the claim, arguing lack of supporting documentation, unsubstantiated interest/penalties, failure to identify original holder, and a statute of limitations defense.
AMEX Centurion supplemented the claim with a 2005 account agreement, multiple years of Hood’s billing statements (Jan 2004–filing), and several canceled checks to American Express (2004–2006).
Hood maintained the amount was overstated, no signed agreement dating to 1985, and that Missouri’s statute of limitations applied because she lived there when the account was opened and when it closed.
Bankruptcy court overruled Hood’s objections, held the claim valid and not time-barred, and rejected Hood’s limitation defenses; Hood appealed to the district court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Prima facie validity and documentation of the claim	Hood contends the claim lacks proper documentation and validity.	AMEX Centurion provided extensive documentation supporting the claim.	Claim was prima facie valid and properly documented.
Necessity of the original 1985 agreement	Hood seeks the original 1985 agreement; argues documentation is insufficient without it.	The 2005 agreement superseded the old one and sufficed to govern the account.	Old 1985 agreement not required; 2005 agreement acceptable.
Choice of law and statute of limitations	Hood argues Missouri law governs and that the debt is time-barred.	AMEX Centurion argues Utah law governs due to a choice-of-law clause; in any event, last payment tolled the statute under either state.	Utah law governs for limitations due to choice-of-law; but even under Missouri, last payments tolled, and filing occurred timely.
Tolling and last payment as a trigger	Hood asserts limitations began before filing and cannot be tolled by bankruptcy.	Partial payments in 2006 tolled the statute; bankruptcy filing also tolled under applicable statutes.	Last payment in April 2006 tolled the applicable statute; filing in 2009 was timely.

In re Airadigm Communications, Inc., 616 F.3d 642 (7th Cir. 2010) (proof of claim validity standards; documentation is part of prima facie evidence)
Matter of Carlson, 126 F.3d 915 (7th Cir. 1997) (prima facie validity and burden on objecting party to rebut claims)
Gens v. Resolution Trust Corp., 112 F.3d 569 (1st Cir. 1997) (notice and evidentiary standards for creditors in bankruptcy)
In re Chateaugay Corp., 94 F.3d 772 (2d Cir. 1996) (claims and modifications under bankruptcy procedures)
In re Perry, 391 F.3d 282 (1st Cir. 2004) (finality of bankruptcy judge’s order and appealability)
Travelers Casualty & Surety Co. v. Pacific Gas & Electric Co., 549 U.S. 443 (U.S. 2007) (statutory defenses in bankruptcy; application of § 502(b))