Tragopan Properties, LLC v. Smith Development, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that bankruptcy deposition testimony does not qualify as a 25 written acknowledgment under RCW 4.16.280
• noting that an untimely action may be maintained under RCW 4.16.280 by a written acknowledgment or promise signed by the debtor that recognizes the debt’s existence, is communicated to the creditor, and does not indicate an intent not to pay
• declining to recognize claim scheduled as undisputed as acknowledgment sufficient to revive time-barred debt, because “the listing of a debt in the schedules to a bankruptcy petition is primarily intended to obtain relief under the Bankruptcy Code.”
• “[T]he very purpose of listing the debt in [the schedules to a bankruptcy petition] is to obtain relief from the debt.”
• inclusion of claim in unconfirmed plan not sufficient acknowledgment to revive debt
• “The running of the statute of limitations is generally a bar to an action on an unpaid debt. . . . An action upon a note or other written instrument must be commenced within six years.”

Source: CourtListener parenthetical corpus (CC0).