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Late Claims

What Happens When a Secured Creditor Files a Late Claim in an Equity Receivership?

by Snell & Wilmer on

Pitting a receivership court’s inherent equitable powers against pre-existing property rights can lead to some pretty interesting questions. In SEC v. Wells Fargo Bank, N.A., 848 F.3d 1339, 1343-44 (11th Cir. 2017), the...more

Virginia Federal Court Sustains Late Notice Disclaimer

In its recent decision in E Dillon & Co. v. Travelers Cas. & Sur. Co. of America, 2015 U.S. Dist. LEXIS 76295 (W.D. Va. June 12, 2015), the United States District Court for the Western District of Virginia, applying Virginia...more

ERISA: Plans Waive Defenses If Not Asserted In Administrative Process

Does the claim administrator waive the timeliness defense if it failed to deny the claim on that basis during administrative review? YES! Here is a nice case that summarizes the point, and the status of waiver in the...more

Late Class Settlement Claims – To Accept or Not to Accept?

by BakerHostetler on

Inevitably, there is always at least one late claim form arrival in every class action settlement. This precise issue was highlighted in a recent case in the Northern District of California....more

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