Allogramento and Darling Author ABI Journal Article on Issues of Standing in Chapter 7 Cases

American Bankruptcy Institute (ABI) Journal
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Connell Foley bankruptcy attorneys Philip Allogramento and Sydney Darling authored the article “Want to Make a Stand?  You may not have Standing,” which was published in the August 2015 issue of the American Bankruptcy Institute Journal. While the plain language of Section 502(a) of the Bankruptcy Code and Bankruptcy Rule 3007 would appear to confer standing upon creditors and other parties in interest to object to other creditors’ claims in a chapter 7 case, there is federal case law in some districts and circuits that holds otherwise.  This article alerts practitioners to this procedural anomaly and explores the various policy considerations on each side.

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