From the Editor - Claims • NACTT Academy

From the Editor – Claims

By The Honorable William Houston Brown (Retired)

Time-barred claim was not revived by debtor’s scheduling of claim. The Chapter 13 debtor scheduled a claim to LVNV Funding, LLC and did not list it as contingent, unliquidated or disputed, but when LVNV filed a proof of claim, disclosing that it was time barred, the debtor objected. LVNV responded that the debtor’s scheduling of the claim amounted to revival of the debt for collection, but the court concluded that under South Carolina law, scheduling did not constitute revival. Even if South Carolina law were not . . .

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By James J. Robinson, Chief United States Bankruptcy Judge, Northern District of Alabama Is the trustee’s service worth her commission? The Eleventh Circuit recently issued its opinion in In re Dukes, 909 F.3d 1306 (11th Cir. 2018), which spoke primarily to the issue of what it means for a mortgage to be “provided for” in the plan. The court found...

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From the Editor – Claims

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By The Honorable William Houston Brown (Retired) Claim allowed after reopening of no-asset case. The Chapter 7 case filed as no-asset was reopened after discovery of assets for distribution, and debtors objected to a claim on basis of statute of limitations. Affirming, the Bankruptcy Appellate Panel held that the time to commence action on the claim had been tolled under...

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