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In re Woodhouse (Case No. 09-61399) 03/26/2010

Debtors filed an objection to claim indicating that the creditor did not provide proper documentation and that the debt was barred based on the statute of limitations for oral contracts. The Court overruled their objection because the debtors did not provide proper evidence that the claim arose from an oral contract and thus was subject to a three-year statute of limitations. Upon a motion for reconsideration, the Court found that the debtors provided sufficient evidence to show that the claim was based on an oral contract, and therefore, the proper statute of limitations period for this contract was three years. Accordingly, the Court sustained the objection to claim.

Date: 
Friday, March 26, 2010
Category: 
Chapter 13 Issues
Claim Objections
Motion to Reconsider
Chapter: 
13