By Dynele Schinker-Kuharich, Chapter 13 Standing Trustee (Canton, OH) On Thursday, September 16, 2021, the bankruptcy community lost a good friend and esteemed colleague, Robert S. Thomas II. In an effort to pay tribute to Robert, who was loved and respected by so many, The NACTT Academy is privileged to share comments, thoughts, and tributes made by Robert’s bankruptcy colleagues....
From the Editor – Claims
Print This Article
Link to Post:
By The Honorable William Houston Brown (Retired)
State law did not make debt unenforceable for purposes of § 502(b)(1). North Carolina statute required a debt buyer to attach specific materials to a complaint or claim, including a copy of the contract or writing and assignment, but the court determined that this requirement was applicable to actions to collect debt, distinguishing collection activity from the filing of a proof of claim. “If filing of a proof of claim constituted a ‘collection’ activity, than filing of proofs of claim under § 502(b) would be fundamentally at odds . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
Unscheduled Creditor May Not File a Late Proof of Claim
Impact of COVID-19 and the CARES ACT on Mortgages
“Lien Stripping” Based on Claim Disallowance by Default: Ninth Circuit Clarifies its Rule
From the Editor – Eligibility
The “Snapshot” Rule – Part 2: When is the Rule Not Determinative?
The Effect of “Success” (or the Lack of It) on Attorneys’ Fees Part 2: In re Village Apothecary, Inc.
Bifurcated Fees Under Examination
Critical Case Comment – The Plan Rules
ABI Commission on Consumer Bankruptcy – Student Loans – Suggested Regulatory and Judicial Changes
Passing of Affable, Humanitarian Trustee