United States Trustee Challenges Practice of Filing Time-Barred Claims

By William Houston Brown, Academy Editor and Advisor

In complaints filed by the United States Trustee, various theories were alleged concerning the practices of defendants, which involved the filing of proofs of claim for debts that would otherwise be time barred under applicable nonbankruptcy law. In granting the defendants’ motion to dismiss in large part, the court made numerous findings. As to the complaints of improper signatures to the proofs of claim, the court found that the fixing of a signature to a proof of claim by a person who had no role in the preparation of that . . .

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From their spring edition of The Quarterly our friends at NACTT have shared a timely piece from creditor attorney Thomas Humphries. _____________________ Thomas Humphries is an attorney with the firm of Sirote & Permutt, PC in Birmingham Alabama. Thomas represents the mortgage banking industry and various creditors in bankruptcy proceedings throughout the State of Alabama. Thomas’s practice includes the defense...

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