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Hutchinson v. First Community Bank (In re Hutchinson), Case No. 18-71619, AP No. 19-07036 (1/30/2020)

Debtor’s complaint in this adversary proceeding alleged that certain notes made by the Debtor to a creditor were time barred under the applicable statute of limitations.  The creditor asserted that the proper statute of limitations to apply was the six year statute of limitations under Va. Code Ann. § 8.3A-118 and not the five year period under Va. Code Ann. § 8.01-246 as argued by the Debtor.  The Court agreed that the proper statute of limitations to apply was § 8.3A-118, which provides - “an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date.”  The Court held that the Complaint failed to allege facts to establish the claims at issue were time barred.  

Thursday, January 30, 2020
Burden of Proof
Claim Objections
Proofs of Claim
Statute of Limitations