In The (Red)®

In The (Red)®

The Business Bankruptcy Blog

Tag Archives: proof of claim

California Bankruptcy Court Answers Open Question From Supreme Court’s Travelers Decision: Can Post-Petition Attorney’s Fees Be Added To Unsecured Claims?

Posted in Business Bankruptcy Issues, Recent Developments
In March, the U.S. Supreme Court overruled the so-called Fobian rule in the Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co. decision. (Click here for a copy of the decision.) That rule, named for decision by the United States Court of Appeals for the Ninth Circuit in a case called… Continue Reading

Proof Of Claim And Other Bankruptcy Forms Revised To Reflect April 1, 2007 Dollar Amount Adjustments

Posted in Business Bankruptcy Issues, Recent Developments
As reported in this post last month, certain dollar amounts in the Bankruptcy Code were increased effective April 1, 2007. The dollar amount changes meant that some of the official bankruptcy forms, most notably the proof of claim form and the voluntary petition, had to be revised as well. After I put up that post, the… Continue Reading

The U.S. Supreme Court Rejects The Fobian Rule Barring Unsecured Creditors From Recovering Attorney’s Fees In Bankruptcy Cases

Posted in Business Bankruptcy Issues
Attorney’s Fees And Unsecured Claims. For more than 15 years, creditors in the Ninth Circuit who sought to include in unsecured claims amounts for attorney’s fees incurred post-petition litigating bankruptcy issues have had that portion of their claims disallowed. The reason? A decision by the United States Court of Appeals for the Ninth Circuit in a… Continue Reading

Claims Against Individuals In Bankruptcy: Is Every Debt Discharged?

Posted in Business Bankruptcy Issues
Usually, businesses have claims against other businesses.  Still, you may occasionally have a claim against an individual and it’s good to know what can happen in that situation.  The "no asset" case. Unfortunately, most individuals who file bankruptcy, especially those who file the more common Chapter 7 liquidation case, do not have any significant assets that… Continue Reading