Claims

The Perils of Late Filed Claims (or even worse, when no claim filed at all)

Many creditors are not filing claims by the claims bar date. This puts debtors in a tough situation especially if the claim filed late (or not filed at all) is for a secured claim such as a house or car. Some courts are reluctant to allow a late filed claim citing limitations of rule 9006. So what can a debtor or creditor do to get a late filed claim (or no filed claim) paid? To discuss why in the post Covid era many creditors are not filing proofs of claims timely and discuss possible solutions. Creditor Suggested Speakers Keith Rucinski Krucinski@ch13akron.com Office of the Chapter 13 Trustee (Akron, Ohio)

District Court Upholds the ‘Time Approach’ to Reduce Landlords’ Claims

Across the board, the district court affirmed a decision by Bankruptcy Judge Michael Wiles that minimized landlords’ claims resulting from lease termination or rejection.

Claims Reconciliation

The Bankruptcy Code and Non-Bankruptcy law preserve or limit claims at the outset of the case and after confirmation of a plan during the claim reconciliation process. For example, claims arising from the purchase of perishable fruits and vegetables are accorded certain treatment in a bankruptcy case under the Perishable Agricultural Commodities Act or claims governed by applicable sales tax statutes. Claims arising from employees are given priority (but capped) and claims arising from the rejection of a real property lease or employment contract are capped. This panel will consider the claim reconciliation process during a bankruptcy case and the the Bankruptcy Code and Non-Bankruptcy law affect those claims. Business John Lucas jlucas@pszjlaw.com Pachulski Stang Ziehl & Jones

How to Work With Outside Appraisers

Valuation of assets, machinery and equipment, is an important part of the bankruptcy process. Monetization of assets, securing of creditor rights depends on accurate valuation of assets, and this session will detail how to find, retain, and manage outside appraisers to properly value the assets. Learn how to effectively and efficiently manage the valuation/appraisal process to maximize recoveries and provide accurate asset valuation. Creditor Suggested Speakers Christopher Nugent chris.nugent@bcamasset.com Bluechip Asset Management

Involuntary Bankruptcy: BAPCPA Amendment to § 303(b) Needs to Be Revoked

Sept 2024