On what basis? The statute of limitations is an affirmative defense. If
the defendant/debtor doesn't raise it, it is of no effect.
On Fri, Mar 7, 2014 at 10:39 AM, Steven B. Lever wrote:
>
>
> I've noticed a rash of old, old debt being filed as claims in Chapter 13
> cases, especially by Jefferson Capital Systems, LLC, but they are all doing
> it. I just got one 14 years past the statute of limitations.
>
>
>
> First, please be aware of this if you practice in this area.
>
>
>
> Second, I'm polling whether you think this warrants a motion under Rule
> 9011 to pay for the fees and is there an ability to go for punitives?
>
>
>
> Steve
>
>
>
> Law Offices of Steven B. Lever
>
> >
>
> > Steven B. Lever
>
> >( Tel. (562) 436-5456 ext. 1
>
> >( Fax (562) 485-6886
>
> >*
sblever@leverlaw.com
>
> >
www.leverlaw.com
>
>
>
>
>
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On what basis? The statute of limitations is an affirmative defense. If the defendant/debtor doesn't raise it, it is of no effect.On Fri, Mar 7, 2014 at 10:39 AM, Steven B. Lever <
sblever@leverlaw.com> wrote:
I’ve noticed a rash of old, old debt being filed as claims in Chapter 13 cases, especially by Jefferson Capital Systems, LLC, but they are all doing it. I just got one 14 years past the statute of limitations.
First, please be aware of this if you practice in this area.
Second, I’m polling whether you think this warrants a motion under Rule 9011 to pay for the fees and is there an ability to go for punitives?
Steve
Law Offices of Steven B. Lever
> > Steven B. Lever
>( Tel. (562) 436-5456 ext. 1
>( Fax (562) 485-6886
>*
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