By Nancy B. Rapoport, Garman Turner Gordon Professor of Law, Boyd School of Law, and Affiliate Professor of Business Law & Ethics, Lee Business School, William S. Boyd School of Law, University of Nevada, Las Vegas Dear Readers: My guardian angel, Regina Logsdon has asked a great question:what should you do when your “Spidey sense” tells you that your client...
United States Trustee Challenges Practice of Filing Time-Barred Claims
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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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