What is the best way to challenge a bank's claim in bankruptcy when they are not able to show that they have the right to enforce the instruments because the "person" making the claim is not holder or owner of the note and deed of trust, the appointment of trustee is not done according to the specific performance of the deed of trust and the instruments are unenforceable because they they have been bifurcated?
State/Country relating to question: California
Welcome to JustAnswer,I am the expert that will be assisting you today. Thank you for your question.If my answer is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.The only way to challenge a claim in bankruptcy is to file an adversary proceeding in the bankruptcy action. An adversary proceeding is a separate lawsuit that either the debtor or creditor can file in the bankruptcy case to determine the dischargeability of a debtI think this is what you wanted to know. Please use the REPLY button if you have any questions concerning my answer. Otherwise please click ACCEPT so that I am paid by the site for answering.
Bankruptcy Lawyer. Experienced.
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