Claims Litigation in Bankruptcy
This session covers a variety of topics related to litigating claims in bankruptcy. It explores both strategic considerations behind and the mechanics of asserting and contesting claims. Starting with the necessity and wisdom, or lack thereof, of filing proofs of claim, the program discusses the need for and sufficiency of supporting documentation, the mechanics of objecting to claims, the initial and shifting burdens of proof when a claim is contested, and the best practices in litigating contested claims from both the claimant and the estate representatives’ perspectives. The program also covers issues regarding limitations on a bankruptcy court’s authority to adjudicate claims, estimation of claims and/or temporary allowance of claims, and late-filed claims, including the overlay of other nonbankruptcy statutes on such claims, most notably the recent case law relating to the impact of the Fair Debt Collections Practices Act on late or expired claims.