Does filing the list of rehabilitation claims interrupt limitation, and when does that effect fail to apply?
General information · Not legal advice
Material to check
In the practice file of this exercise, read the copy of the list of rehabilitation claims filed with the court and the record showing participation in the rehabilitation procedure, since the interruption turns on those acts. Also read any withdrawal of the claim filing and any ruling dismissing it, since for a rehabilitation creditor or secured creditor not entered in the list those facts trigger the exception in the provision.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats the submission of the list of rehabilitation claims, and any other act of joining the rehabilitation procedure, as an event that carries the effect of interrupting limitation, as the Act provides. For a rehabilitation creditor or a secured creditor whose claim is not entered in that list, that effect fails if the creditor withdraws the claim filing or the filing is dismissed.
Another reading notes that the provision says only that these acts have the effect of interruption, so it leaves open the date from which the interruption runs, how the period stands afterwards, and whether a creditor entered in the list for part of a claim gains interruption only as to that part.
Your judgment
Where a creditor is entered in the list for part of a claim only, does the interruption run for the whole claim or only for the part entered?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to fix when the interruption takes effect, or if a court decision decides whether a creditor entered in the list for part of a claim is interrupted only as to that part.