Podcast
Questions and Answers
What is the burden of proof for a claimant to prove the validity of a claim after a party in interest successfully meets their burden of proof?
What is the burden of proof for a claimant to prove the validity of a claim after a party in interest successfully meets their burden of proof?
Under what circumstances can a debtor assert a defense to paying a debt inside of bankruptcy?
Under what circumstances can a debtor assert a defense to paying a debt inside of bankruptcy?
What happens if a claim is unenforceable under applicable non-bankruptcy law or agreement?
What happens if a claim is unenforceable under applicable non-bankruptcy law or agreement?
What is the status of priority claims if filed late?
What is the status of priority claims if filed late?
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Study Notes
Burden of Proof in Claim Validation
- A claimant has the burden of proving the validity of their claim after a party in interest successfully meets their burden of proof.
Asserting Defenses in Bankruptcy
- A debtor can assert a defense to paying a debt inside bankruptcy if they have a valid defense that would be available outside of bankruptcy.
Unenforceable Claims
- If a claim is unenforceable under applicable non-bankruptcy law or agreement, it will not be allowed in bankruptcy.
Priority Claims
- If a priority claim is filed late, it will be treated as a general unsecured claim, and will not retain its priority status.
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Description
Test your knowledge of the disallowance of claims in bankruptcy with this quiz focusing on the process of filing a Proof of Claim and the automatic allowance of claims unless objected by a party in interest. Brush up on your understanding of this crucial aspect of bankruptcy proceedings.
