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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