By Jay S. Jump, CEO, CertificateofService.com (Pasco, WA) One of the most important issues in serving your Chapter 13 Plans, Motions to Modify, Motions to Incur, Fee Applications, and other necessary documents served or noticed under the bankruptcy rules is using the most recent Master Mailing List (“MML”) from the Court. Your Court Clerk maintains and updates, on a regular...
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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