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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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Bankruptcy fraud using fake proof of claim documents

Customer Question

How much can you sue for when someone files a false proof of claim in a bankruptcy court? As in, the statutory amount. I realize you wouldn't be able to know the actual damage part of it.

Would you do this under an adversary proceeding?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.

So sorry to hear of your dilemna. I will strive to provide you with legal information to assist you. If my answer is not clear to you, I encourage you to ask me for clarification by using the reply button.

You would need to file an adversary proceeding to challenge a proof of claim. If this is a chapter 7 bankruptcy, you would only file the adversary proceeding if they were assets available for distribution

Please let me know if you have any questions concerning my answer.