by: Robert J. Ryan
St. John's University School of Law; Jamaica, N.Y.
May a creditor’s claim be disallowed simply because he or she failed to provide supporting documentation in violation of Rule 3001 of the Federal Rules of Bankruptcy Procedure? The answer depends on which jurisdiction the creditor is pursuing its claim in, and courts are currently sharply divided on the issue. If the creditor is fortunate enough to be in a jurisdiction that follows the “exclusive” view, which is the majority rule, the answer to this problem will be yes. However, if the creditor happens to be in a jurisdiction that follows the “nonexclusive” view, which is the minority rule, the answer will be no.
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ABI's 21st Annual Winter Leadership Conference will take place Dec. 3-5 at the gorgeous La Quinta Resort & Club in La Quinta, Calif. La Quinta is the classic Palm Springs resort, nestled at the base of the Santa Rosa Mountains. Enjoy the beautiful landscape, as well as renowned tennis, golf and the spa. This year's conference will offer insights from some of the top insolvency and restructuring experts on issues confronting the profession in 2010.
The Unsecured Trade Creditors Committee will partner with the Asset Sales and Secured Credit committees to present a session entitled "Polaroid and Beyond: Differing Perspectives on What Is the Highest and Best Bid and Other Selected Sales Issues" on Saturday, Dec. 5 at 9:30 a.m. Douglas Deutsch of Chadbourne & Parke, LLP in New York will moderate. Panelists will include Ronald E. Gold of Frost Brown Todd LLC in Cincinnati, Rafael Klotz of Gordon Brothers Group, LLC in Boston and Hon. Donald H. Steckroth of the U.S. Bankruptcy Court (D. N.J.) in Newark, N.J. Register today!
