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Oct 10, 2016 · If a waiver of the Section 502(h) claim is not a part of any settlement, ensure the filing of a proof of claim for the returned amount within ...
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Section 502(h) of the Bankruptcy Code provides that a claim arising from an avoidable transfer shall be determined and allowed or disal- lowed “the same as if ...
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A claim or interest, proof of which is filed under section 501 of this title, is deemed allowed, unless a party in interest, including a creditor of a general ...
Jan 28, 2021 · Finally, Bankruptcy Code §502(h) allows creditors to file a claim for money returned to a trustee as a preferential transfer. Settlement ...
Jan 24, 2024 · section 502(h) requires that the transferee be put back in the same position as it would be had the preferential transfer never been made. The ...
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Jun 1, 2021 · ... waives all preference and other avoidance claims. Do not ignore the value of the creditor's right, under section 502(h) of the Bankruptcy ...
(a) A claim or interest, proof of which is filed under section 501 of this title, is deemed allowed, unless a party in interest, including a creditor of a ...
Mar 3, 2009 · Section 502(h) recognizes that resolution of avoidance actions may come long after the original bar date for filing proofs of claim has past and ...
Bankruptcy Code section 502(h) recognizes that a creditor is entitled to an unsecured, prepetition claim for every preference dollar repaid. Thus, the ...
Jun 2, 2015 · Whether allowable or not, a section 502(h) proof of claim must be filed. “within 30 days after the judgment [against the defendant(s) in the ...