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The class claims process may be good for the integrity of the bankruptcy system because it ensures fairness in the treatment of claims made by similarly situated claimants. Yet the practice was historically rejected by courts and there is currently a split of authority on the issue. Some courts found the Bankruptcy Code's silence with respect to such claims to be troubling. Neither the Code nor the bankruptcy rules specifically authorize the filing of a proof of claim on behalf of a class.
May 05, 2008 at 12:00 AM
1 minute read
The original version of this story was published on National Law Journal
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