Should I – and How Do I – File a Claim Against a Debtor? - Creditor’s Rights Toolkit

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Troutman Pepper's Creditor’s Rights Toolkit is a series that provides practical insights to help creditors confront the challenges of commercial bankruptcy.

Asserting a claim correctly in a bankruptcy case is crucial for creditors to preserve their rights and interests against the debtor. Claims can be asserted in various ways, including scheduling by the debtor, through a proof of claim, or via a motion filed with the bankruptcy court. The complexity of the claim and the creditor’s knowledge of the bankruptcy process will dictate if a claim can be asserted independently or if legal counsel is needed.

This article is a brief guide to correctly asserting a claim in a bankruptcy case.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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