Allana Baroni v. The Bank of New York Mellon, fka The Bank of New York
SocialSecurity Securities Immigration
When a party to a Chapter 11 bankruptcy case contends it can enforce the terms of promissory note and deed of trust, can it prove it is a 'creditor' entitled to make a claim under 11 U.S.C. § 501 (a) and Rule 3003 (c) (1) of the Federal Rules of Bankruptcy Procedure merely by showing it possesses the original promissory note, indorsed in blank?
QUESTION(S) PRESENTED When a party to a Chapter 11 bankruptcy case contends it can enforce the terms of promissory note and deed of trust, can it prove it is a “creditor” entitled to make a claim under 11 U.S.C. § 501 (a) and Rule 3003 (c) (1) of the Federal Rules of Bankruptcy Procedure merely by showing it possesses the original promissory note, indorsed in blank?