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Does filing a petition of allowance on a disallowed creditor claim in matter of copyright infringement stop Probate time Bar ?

Santa Fe, NM |

Assuming I file a creditor claim in Probate court in matter of copyright infringement and it is disallowed by the estate; does filing a Petition of Allowance on claim stop the time bar ? Can I file petition of allowance in the probate court and following file the copyright infringement at the Federal Court ? Or must I file the lawsuit at the Federal Court within the time period otherwise forever barred from filing the copyright infringement claim ?

My question relates to the Uniform Probate Code otherwise New Mexico probate code

Attorney Answers 1

Posted

Each state's Probate rules allow a creditor's claim period - AFTER which all claims are permanently barred. Once notice has been given and published in the paper, the clock is ticking. Sit down with an attorney who understands those rules. See 'Find-A-Lawyer' tab at the top of this page.

My answer is based on the limited facts presented. It doesn’t create an attorney-client relationship. Use the ‘Find-A-Lawyer’ search engine at the top of this page and follow proper legal advice.

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2 comments

Asker

Posted

My Question relates to New Mexico law which applied the Uniform Probate code in full. I asked : when the creditor claim is in matter of copyright infringement can I file a Petition of allowance on the disallowed claim within the time period at the district court sitting in probate so to stop the claim from being barred and having done that file the copyright suit? As far as I know you can either file a suit or file the petition of allowance to stop from bar; is that correct ? Or can I only file a suit in Federal Court during the 60 days period because the claim is in matter of copyright infringement ?

Asker

Posted

I can find a lawyer once I know which one I need...probate or federal suit, or either ?

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