Whose Claim Is It, Anyway?

Understanding the courts' treatment of this division of claims (as inconsistent as it is) is essential to a successful litigation strategy, whether on behalf of individual creditors or a trustee.

29 minute read January 28, 2009 at 08:15 AM

Jack L. Smith

It is often assumed that only creditor claims against a debtor are affected by the debtor's bankruptcy filing, and that rights against third parties are not. While the logic and simplicity of that assumption are appealing, nothing could be further from the truth in many bankruptcy situations.

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