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Proof of Claim - Computation
Hi, great group here! Thanks for such an excellent forum.
OK, changing gears from the usual debtor work - representing a
creditor this time out. She had a claim against a debtor that WAS
proceeding in the state court. She gets an award in arbitration for
approximately $10,000 - however, the arbitration is non-binding.
Not surprisingly, my client (creditor) has incurred a ton of
attorneys fees in the state court action that exceed that amount.
Debtor files her bankruptcy, and the party is over. Except that it
ends up being an asset case. Now my client is instructed to file her
proof of claim. Question is regarding the amount - would you use
what the arbitrator in the state court came up with, or would you use
her actual out of pocket expenses. In either case, I can come up
with supporting documents (either the arbitration award or the bills
from her state court attorney), but I'm wondering if it starts to
look like I'm playing games by claiming out of pocket expenses that
exceed the amount that the arbitrator came up with. On the other
hand, the fact is that award was non-binding, and I don't want to
object to my own claim.
Any thoughts?
Todd Mannis
The post was migrated from Yahoo.