Bankruptcy Information





LAWDOG BANKRUPTCY Claims LAWDOG is intended to assist in the understanding of basic concepts See Disclaimer Always obtain legal advice from legal professionals Allowed Claims Against Debtor Or Debtor's Property Under Section the term ''claim'' has a broad meaning and includes a right to payment whether or not such right is reduced to judgment liquidated fixed contingent unmatured disputed legal equitable or secured A claim may also consist of a right to an equitable remedy for breach of performance if such breach gives rise to a right to payment whether or not such right to an equitable remedy is reduced to judgment fixed contingent matured unmatured disputed undisputed secured or unsecured A claim against the debtor includes claims against property of the debtor See Section reproduced for illustration purposes only A claim or interest proof of which is filed under Section is deemed allowed unless a party in interest objects If there is an objection a court hearing is held and the court determines the amount of claim as of the date of bankruptcy filing A claim is not allowed if it is unenforceble because the debtor has a valid defense to the claim or if the claim is

Guidelines Concerning Applications for Payment of Unclaimed Dividends Guidelines Concerning Applications for Payment of Unclaimed Dividends Making Your Claim Guidelines Concerning Applications for Payment of Unclaimed Dividends General If you have an unclaimed dividend owing to you or your business the next step will be to assemble and submit supporting documentation which will support your claim The documentation must prove you are the rightful creditor and that the unclaimed dividend is due to you The type of supporting documentation which is required is outlined in 'Making Your Claim' and will vary depending on whether you are an individual a business or a third party who is claiming on behalf of the rightful creditor A payment of an unclaimed dividend will be made only to a creditor who is entitled to the dividend who submits the required proof and whose name appears in this database as per subsection and of the Bankruptcy and Insolvency Act There is no charge to access and view the database However effective June there is a fee required for each unclaimed dividend requested regardless of whether the claim is approved or not A cheque for this amount should accompany the request and be made payable

G Bankruptcy Claims February I REFERENCES Standing Orders of the Regents Section President David S Saxon's delegation of authority to Academic Vice President dated March entitled Claims against Debtors in Bankruptcy and against Estates Uniform Bankruptcy Reform Act Public Law effective October and subsequent revisions Bankruptcy Procedures Manual December Office of the President Financial Aid and Loan Collection Office Hearst Avenue nd Floor Berkeley California Loan Collection Policy Manual Office of the President Financial Aid and Loan Collection Office January II PURPOSE This revised Bulletin provides general background information on bankruptcy claims and calls attention to the established uniform procedures and detailed instructions for handling bankruptcy notices and claims contained in the Bankruptcy Procedures Manual This revision also addresses the appointment of the University wide and campus Bankruptcy Coordinators The procedures set forth in this Bulletin apply to each campus University Press Continuing Education of the Bar and other offices in the Office of the President which have receivables This Bulletin is not applicable to Lawrence Berkeley Laboratory the Lawrence Livemore National Laboratory or the Los Alamos National Laboratory since the contract with the US Department of Energy requires pursuant to Federal regulations that immediate assignment of all claims

John Stemplewicz Samuel R Maizel Commercial Litigation Branch U S Department of Justice June CREDITOR'S CLAIMS IN BANKRUPTCY PROCEEDINGS A The Debtor Creditor Relationship In Bankruptcy Bankruptcy Code Definitions a Claim is defined as right to payment whether or not reduced to judgment liquidated unliquidated fixed contingent matured unmatured disputed undisputed legal equitable secured or unsecured or right to an equitable remedy for breach of performance if such breach gives rise to a right to payment whether or not such right to an equitable remedy is reduced to judgment fixed contingent matured unmatured disputed undisputed legal equitable secured or unsecured b Debt is defined as a liability on a claim c Debtor is the subject of the case d Creditor is an entity that has a claim against the debtor that arose at the time of or before the order for relief concerning the debtor The Scope of Bankruptcy Claim Definition a Congress intended to adopt the broadest available definition of 'claim' Johnson v Home State Bank U S Compare Ohio v Kovacs U S with Torwico Electronics v New Jersey Dep't of Environmental Protection F d cert denied S Ct b Congress intended that the meanings of debt

Claim in bankruptcy From Wikipedia the free encyclopedia Jump to A Claim in Bankruptcy in is a document filed with the Court so as to register a claim against the of the bankruptcy estate The claim sets out the amount owing as of the date of the bankruptcy and if releveant any priority status Although a document called a Claim in Bankruptcy is used in proceedings in both Canada and the United States in the United States the document is properly termed a Proof of Claim The form is different although they share many similar aspects On receipt of a claim the Trustee In bankruptcy must notify the claimant whether the estate will object to the claim or whether it will as is the default case the claim is to be allowed Some of the reasons a creditor's claim may be objected to are that the claim is not such as a claim for damages for pain and suffering that is not the result of a judgment debt This assertion is not fatal as the claim may be liquidated in Bankruptcy Court the claim omits appropriate set offs to which the bankrupt is entitled that the amount in the



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