limitation act question

April 5th, 2006 by Questions

My ex-sister in law put a claim into my bankruptcy Dec 2004 for an alleged family loan from May 2001 of $80,000.

I filed for bankruptcy Jan 2003, at which time the same ex-sister-inlaw had commenced a court proceeding against me for $40,000, and this was her claim at that time which was considered contingent.

Her new claim for $80,000 entered to the trustee includes the $40,000 claim from the court proceeding.

Does the ex-sister-inlaw have a valid claim for $80,000, $40,000, or no valid claim at all?

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One Response to “limitation act question”



April 06, 2006 at 7:02 pm, Barton Goth, GCO Inc. Bankruptcy Trustees said:

From the information you have provided, I can’t say. Essentially, if they family member can prove that there was an exchange of goods or services, that is the amount that they are entitled to claim. If you have any concerns with the amount that has been admitted into the bankruptcy estate, contact your trustee and make sure he is aware of your concerns.

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