Proper scope of amended claim? - May claim be amended after bar date
Posted: Wed Mar 04, 2015 1:25 pm
Individual files a proof of claim in her individual capacity. Bar date
passes. Real Party in interest is Individual, as Trustee of the XYZ Trust.
May claim be amended to list the real party in interest, or is that beyond
the scope of the right to amend?
[I understand that the "real party in interest" to a trust is the
beneficiary, but I believe for purposes of enforcing a claim or filing
suit, the Trustee is the real party in interest. Correct me if I'm wrong.]
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**Counsel for Chapter 13 Trustee Kathleen A. McCallister (Idaho) T (208)
922-5100
Individual files a proof of claim in her individual capacity. Bar date passes. Real Party in interest is Individual, as Trustee of the XYZ Trust. May claim be amended to list the real party in interest, or is that beyond the scope of the right to amend? [I understand that the "real party in interest" to a trust is the beneficiary, but I believe for purposes of enforcing a claim or filing suit, the Trustee is the real party in interest. Correct me if I'm wrong.]Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
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