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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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What is the best way to challenge a banks claim in bankruptcy

Resolved Question:

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?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 5 years ago.
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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 debt

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