Proofs of claim are generally required to be filed by creditors in bankruptcy cases if they want to receive a payment on their claims. Many creditors have these claims forms prepared and signed by in-house or outside counsel. As a consequence of an amendment to the proof of claim form, having the claim signed by counsel runs the risk of waiving attorney-client and attorney work product privileges. This Alert discusses a recent case so holding, who should sign the claim forms in light of the amendment to the form, and what to do if your attorney has signed the claim form.
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