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Alias Born 10/26/2010

Re: Straight post# 23487

Monday, 11/01/2010 5:30:06 PM

Monday, November 01, 2010 5:30:06 PM

Post# of 24889
Re: disallowing claims

BK doesn't deal with debt but rather claims. A claim is just that, a claim. The claim must be valid and have lien rights against the debtor's property (even if unsecured). If the claim is not a valid lien right for debtor property, then it might not exist. Even if a claim meets all the above criteria, it might be disallowed as a preference payment, a fraudulent transfer, etc.

If i recall correctly, during the Iridium filing the secured lenders did not properly perfect their liens and became a large, unsecured lender. In another case, i saw a lender forget to perfect liens on real property (90% of assets in case) and therefore suffered reduced recovery.
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