In re Seltzer (13-51318)

Claim otherwise barred under Georgia statute of limitation not revived by O.C.G.A. § 9-3-112 because plan payments by trustee were not on behalf of Debtor as required by O.C.G.A. § 9-3-112 and Debtor's scheduling creditor's claim as undisputed and proposing plan that provides for full payment of all allowed unsecured claims not “unqualified admission” of liability required under Georgia law; in alternative, even if Debtor otherwise revived debt pursuant to Georgia law, revival constituted post-petition waiver by Debtor of estate's defense of statute of limitation, nullified by 11 U.S.C. § 558.

Friday, March 27, 2015