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May 26, 2007

Bankruptcy Claim

Filed under: Claims — admin @ 7:10 am

A claim is a right to payment, whether or not the right is reduced to judgment, unsecured, unliquidated, unmatured, contingent or disputed. Even a right to equitable relief for breach of a “performance” may be a claim, if a right to payment is an alternative remedy for the breach of performance giving rise to the right to equitable relief.
Many bankruptcy courts hold that a party may have a claim for bankruptcy purposes even if its cause of action has not yet accrued under applicable nonbankruptcy law. For example, potential liability as a guarantor or an obligation to hold someone harmless can create a claim.
This very broad definition of “claim” allows a debtor to discharge debts that many people would not even consider debts yet. Thus, this broad definition of a “claim” benefits the debtor.

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