The situations which require an unsecured creditor to participate in a bankruptcy case are varied. Most commonly, an unsecured creditor should file a proof of claim in order to participate in any distribution which may be made. A large unsecured creditor may wish to participate in the formation of a creditor’s committee, which will monitor the debtor’s activities. If the debtor objects to the proof of claim filed by a creditor, the creditor will have to support its claim at an evidentiary hearing before the court. Occasionally, unsecured creditors have specific issues, such as reclamation of goods shipped to a debtor or partnership or spousal relations with the debtor, which require special action.
James Olson has represented a wide variety of unsecured creditors, including municipalities, public authorities, national corporations, local businesses, management employees, personal injury plaintiffs, and other individuals in each of the situations described above, and many others. Some of the larger representations have involved a cogeneration plant in Detroit, a marital settlement involving an interest in an estate in Maryland, a medical center in North Carolina, and assorted title insurance issues.