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IN RE: INSIGHT TERMINAL SOLUTIONS, LLC
Debtor.
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INSIGHT TERMINAL SOLUTIONS, LLC,
Plaintiff-Appellant,
v.
CECELIA FINANCIAL MANAGEMENT, LLC; OASIS AVIATION LLC; HALAS ENERGY, LLC; JOHN J. SIEGEL,JR.,
Defendants,

BAY BRIDGE EXPORTS, LLC,
Intervening Defendant-Appellee.
   No. 23-8004
Appeal from the United States Bankruptcy Court
for the Western District of Kentucky at Louisville.
Nos. 19-bk-32231; 21-ap-03013—Joan A. Lloyd, Bankruptcy Judge.
Argued: November 7, 2023
Decided and Filed: February 28, 2024
Before: CROOM, DALES, and GUSTAFSON, Bankruptcy Appellate Panel Judges.


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OPINION
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SCOTT W. DALES, Bankruptcy Appellate Panel Judge. Had the principal witness in this matter survived his deposition long enough to submit to cross-examination, the adversary proceeding to disallow or recharacterize the claim at issue may have turned out differently. The key witness, however, did not survive long enough to complete his direct examination, let alone submit to cross-examination. So, in an unremarkable exercise of its discretion under the rules, the Bankruptcy Court declined to admit his incomplete testimony. Such are the risks of litigation.

Consequently, after trial in the underlying adversary proceeding, the Bankruptcy Court entered judgment allowing Proof of Claim No. 1 originally filed by Cecelia Financial Management, LLC (the “Claim”) over the objection of chapter 11 debtor-in-possession Insight Terminal Solutions, LLC (“ITS”). The court found that ITS failed to rebut the presumption of validity and amount of the Claim that arose under Bankruptcy Rule 3001(f), rejecting ITS’s effort to disallow the Claim (1) for want of consideration, or (2) as a disguised equity contribution.1 ITS appealed from the judgment and, finding no reversible error, we AFFIRM.