Burnett

FACTS AND PROCEDURAL HISTORY

A. Proceedings Before the Bankruptcy Court:

The Burnetts filed a voluntary Chapter 13 petition in the United States Bankruptcy Court for the District of Nevada on April 16, 2002. Resurgent is in the business of purchasing debts from lenders after the debtors have filed bankruptcy; Resurgent then files proofs of claim in the bankruptcy pro- ceeding as an assignee creditor. In June of 2002, Resurgent

IN RE: BURNETT 599

purchased from GE Capital Corporation several debts on which the Burnetts were the debtors.

Resurgent filed proofs of claim for three separate debts it had purchased.1 The Burnetts filed objections to the three proofs of claim, arguing that (1) the amounts stated in the proofs of claim were different from those listed in their sched- ules, (2) there was no evidence Resurgent was the owner of the claims, and (3) there was no evidence of the price Resur- gent paid for the claims. The Burnetts requested three pieces of information: proof the debts were due and owing to the assignor creditor, proof Resurgent actually purchased the debts, and proof of the amount Resurgent paid for them. Resurgent replied to the…