Frivilous Proof of Claim
Posted: Wed Feb 01, 2012 7:34 pm
Jmb, et al:
Since the statute of limits is just a defense, and you only use a defense against an offence. What is frivolous?
I don't believe there is a bankruptcy rule that bars a claim that is old. it will be a valid claim. If you object and don't raise the defense, you may waive it.
The claim may be time barred, but it is not forgiven until you get your client a discharge.
I would be careful asking for sanctions.
dennis
________________________________
To: cdcbaa@yahoogroups.com
Sent: Monday, January 30, 2012 5:12 PM
Subject: [cdcbaa] Frivilous Proof of Claim
I have a Ch13 case in which there are at least three proofs of claims filed by 2d or 3rd generation collection agencies for claims that are 10 or more years old, and clearly barred by Calufornia's four year statute of limitations for written contracts.
Two of the claimants have withdrawn their claims following receipt of a letter from me about the statute of limitations problem. At least one of the creditors (Quantum3 Group LLC) refuses to withdraw their claim, asserting they have a right to file an unenforceable claim.
i know that I will need to file an objection to their claim, but am wondering whether anyone has had any success in getting sanctions against such a creditor filing such a frivilous claim (perhsps under FRCP Rule 11)? and if so, is a mini evidentiray hearing needed?
The post was migrated from Yahoo.