Important Issues and Developments When Filing a Proof of Claim

Laura Davis Jones

In this article, Laura Davis Jones discusses important considerations for creditors pondering whether to file a proof of claim in a chapter 11 bankruptcy case. Filing a proof of claim may not always be prudent. Filing a claim is a consent to bankruptcy court jurisdiction, may waive jury trial rights, and could potentially impact a bankruptcy court’s decision whether to exercise its jurisdiction over litigation pending in another forum. The decision to file a proof of claim entails more than reviewing what the expected recovery is in the case under a plan.

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