
02-19-2008, 03:20 PM
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Member
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Join Date: Jan 2007
Posts: 75
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Quote:
Originally Posted by spdboy19
When filing BK, you meet with the creditors. When do you ask for the original notes. How do you verify they are in fact the holders in due course? Thank you.
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The "Meeting of the Creditors" is an opportunity for the creditors to ask the debtor a few basic questions in order to best determine their rights with regard to the bankruptcy. It's not an opportunity for the debtor to ask for proof of the debt from the creditor. The creditor will provide the trustee and court with proof when it files a "Proof of Claim."
The debtor does not need to determine whether a creditor in possession of a note is a holder in due course, unless the debtor thinks he has a viable defense against honoring the note.
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