There is a least on case where a creditor filed a claim in a dollar
amount, then went to trial and won 3x as much. Held, the dollar
amount was the claim. The court said the creditor should have filed
an "unliquidated" claim.
At any rate, if you don't want to try the case, and file a dollar
amount to try to save the trial costs, you may have to try the case
at the objection hearing, anyway.
Usually, I suggest, "unliquidted, not less than, or some such
language, using the highest dollar amount justifiable. This leaves
room to settle without costing the client a ton.
Don't be a pig...as the seventh circuit says, "Pigs get led to the
slaughter." (and, it is your malpractice insurance, not mine
)
dennis
The post was migrated from Yahoo.