From the Editor - Claims and Fair Debt Collection Practices Act • NACTT Academy

From the Editor – Claims and Fair Debt Collection Practices Act

By The Honorable William Houston Brown (Retired)

Rule 9011 doesn’t provide basis for sanction against claimant for filing stale proof of claim. First holding that the Chapter 13 debtor had sufficient personal interest in the allowance or disallowance of a proof of claim to have standing, the proof of claim for a time-barred debt under Pennsylvania law was disallowed. The claim was unenforceable under applicable nonbankruptcy law. However, the debtor’s motion for sanctions against the claimant under Rule 9011(b) was denied. The court reviewed the conflicting case authority on whether Rule 9011 . . .

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