Will the real creditor please stand up? In this Chapter 7 bankruptcy case, we are asserting that the party who filed the lawsuit, a real estate title agency, is not the proper holder of the claim and thus does not have the right to file the lawsuit. Rule 17 of the Federal Rules of Civil Procedure allows the Court to substitute the property party as the plaintiff to avoid an injustice. However, if the statute of limitations has expired on the cause of action the creditor could be out of luck unless the failure to sue in the proper party's name was the result of an understandable mistake or that it was difficult to determine the identity of the proper party plaintiff.
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