[WSBAPT] Known Creditor Missing Claim Deadline

Laura Latta laura at lauralatta.com
Wed Oct 13 11:50:35 PDT 2021


Listmates,
This is a first in my practice and I'd appreciate your suggestions and
experience. A major credit card company, a known creditor to whom we mailed
the Notice to Creditors, has not submitted a  claim within the claim
period. I'm wary of advising the client to proceed as if this claim is
barred simply because I am unused to credit card companies missing the
deadline.

Have you experienced this before? What steps/action can I take to ensure we
are on firm ground before advising my client that any subsequent claim is
barred?

I know the claims statute has a procedure for obtaining a judicial
determination that the PR has conducted a reasonable search for unknown
creditors, but am not aware of anything similar for getting a
judicial determination that a known creditor is time barred (other than
receiving, denying, and adjudicating a late claim). Is this perhaps more
common than I realize?

All your thoughts and experience are appreciated.

Warmly,
Laura

-- 


*Laura LattaLaw Office of Laura Latta PLLC*

she/her

Phone (206) 841-2344

www.LauraLatta.com

PO Box 82356

Kenmore, WA 98028



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