A Note on Notes

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When you're in court, you have to provide evidence of your case. When you're a creditor, that proof includes the fact the debtor owes the money due and should include the contract (the "note" in legalese) that the debtor signed. Bankruptcy specialists have been following this issue for a while now, and it has made its way into the New York Times today in Gretchen Morgenson's column. I recommend it as a read. And, congrats to Judge Sam Bufford and attorney R. Glen Ayers for their mention in the column. It's not often that a paper prepared for a professional meeting ends up in the New York Times, but they accomplished just that with a paper on the somewhat arcane rules that govern proof in such matters.

H/T to reader Mike Dillon for bringing the article to my attentiion.

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One response to “A Note on Notes”

  1. Bankruptcy Prof Avatar

    Judge Bufford’s case can be found at In re Hwang, 396 B.R. 757 (Bankr. C.D. Cal. Sept. 2008, Bufford. J.) He refused to grant relief from stay because the servicer refused to join the owner of the note (since the servicer didn’t know who the owner of the note was or even which trust it was in).
    Jon Hayes
    http://www.lawprofessorblogs.com