Missouri Court of Appeals, Western District / May 26, 2020
Mark Stevenson vs. Mary Maxwell
Mark Stevenson appealed the circuit court's judgment finding his claim against Mary Maxwell on a promissory note time-barred. Stevenson argued that Maxwell's Chapter 13 bankruptcy plans and trustee payments constituted acknowledgments that revived the debt under Section 516.320. The appellate court affirmed, holding that the bankruptcy plans were not sufficient acknowledgments because they were not prepared for the creditor and lacked unconditional intent to pay. The court further held that trustee payments were not "subscribed by the party chargeable thereby" as required by the statute.